The Montana Divorce Kit
See a different stateMontana
Montana calls it a “dissolution of marriage,” not a divorce, and its self-represented forms are genuinely free and genuinely current. What nobody hands you is the order things happen in, which of two very different grounds to check on your petition, or which forms are yours out of the sixty-some the state publishes. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
1 · The two routes, and what the rule requires
Montana has a real fast lane — Joint Dissolution, where both spouses file together as co-petitioners — and a slower route where one files and the other is served. It also has a fork almost nobody knows about: two entirely different ways to prove the marriage is over, and one of them does not require waiting for anything.
Residency comes first. M.C.A. § 40-4-104(1)(a) requires one spouse to be domiciled in Montana, with that domicile maintained for 90 days before filing. There is no way around it. Where there are children under 18, Montana also needs them to have lived here at least six months before the court can rule on parenting — M.C.A. § 40-4-211 — even once the 90 days clear.
Two grounds, and only one of them involves waiting. A petition either checks the box saying the spouses have lived separate and apart more than 180 days (M.C.A. § 40-4-104(1)(b)(i)), or the box for serious marital discord (M.C.A. § 40-4-104(1)(b)(ii)) — see the trap in Section 5. There is no separation period to wait out before filing on the serious-marital-discord ground.
What these statewide forms are not built for. Montana Legal Services Association’s own guidance says the statewide forms are built for simple, uncontested cases — not ones involving a pension or retirement plan, real estate owned with someone outside the marriage or located outside Montana, a family business, a spouse’s bankruptcy, contested custody, or domestic violence. Where any of that is in the case, the forms are still the right forms, but they are not the whole answer: the State Bar Lawyer Referral Service (406-449-6577) and Montana Legal Services Association (1-800-666-6899) are both starting points, and the Montana Coalition Against Domestic and Sexual Violence (406-443-7794) where safety is a concern.
Joint Dissolution
Montana’s fastest route. Both spouses file together as co-petitioners, so there is no summons, no service of process, and no waiting on a response deadline.
Available only where all of these are true:
- Both spouses join as Joint Petitioners — reviewing, agreeing to, and signing every form together.
- One of the two statutory grounds applies: more than 180 days living separate and apart, or serious marital discord.
Expect a scheduling order within roughly 120 days of filing, per the state’s own instructions — that is the normal outer window, not a sign anything is wrong if it takes a while.
Petition and Service
M.C.A. § 40-4-105(3)
The individual route. One spouse petitions, the other is served with a Summons and Automatic Economic Restraining Order.
This is the route wherever either of these is true:
- A spouse will cooperate but will not co-sign as a petitioner.
- The case is contested, or a spouse has to be formally served.
Service uses one of the four methods in Section 3, and a decree cannot be entered until 21 days after the date of service (M.C.A. § 40-4-105(3)). A cooperative spouse can sign a Notice and Acknowledgment of Service (MP-403.1 / MP-403.2) instead of being served by the Sheriff — cheaper and simpler, as long as the full 21 days are allowed to run before another method is tried. Service by publication (MP-402.1 to MP-402.3) is a last resort only.
2 · Every form Montana publishes for a divorce
The complete list for both routes, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date clerks check. Every form here is free, published by the Montana Judicial Branch and Montana Legal Services Association at courts.mt.gov/forms/dissolution.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Montana handles divorce, and every form below is published free by Montana itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Montana family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| MP-001 | Statement of Inability to Pay Court Costs and Fees (optional fee waiver) | All | 5/26 | Download |
| MP-121 | Joint Petition for Dissolution with Minor Children | Joint Dissolution | 6/26 | Download |
| MP-122 | Joint Petition for Dissolution without Children | Joint Dissolution | 6/26 | Download |
| MP-112 | Petition for Dissolution without Children | Petition and Service | — | Download |
| MP-113 | Petition for Dissolution with Parenting Plan | Petition and Service | — | Download |
| MP-113-B | List of Additional Children of this Relationship — attachment, if needed | Petition and Service | — | Download |
| MP-400 | Summons and Automatic Economic Restraining Order | Petition and Service | 9/21 | Download |
| MP-401 | Request of Sheriff to Serve Documents — where the Sheriff is used | Petition and Service | 3/22 | Download |
| MP-403.1 | Notice and Acknowledgment of Service — where the Sheriff is not used | Petition and Service | — | Download |
| MP-403.2 | Acknowledgment of Service — the responding spouse signs and returns this | Petition and Service | — | Download |
| MP-402.1 | Request for Order Granting Service by Publication — last resort only | Petition and Service | — | Download |
| MP-402.2 | Order for Service of Summons by Publication | Petition and Service | — | Download |
| MP-402.3 | Summons for Publication | Petition and Service | — | Download |
| MP-300 | Proposed Parenting Plan — where there are minor children | Petition and Service | — | Download |
| MP-300-G | Description of Existing Medical Coverage — where required | Petition and Service | — | Download |
| MP-320 | Joint Proposed Parenting Plan — where there are minor children | Joint Dissolution | 8/26 | Download |
| CSSD-Aff | CSSD Financial Affidavit, for the child support calculation — where there are minor children | Joint Dissolution | — | Download |
| MP-404 | Notice and Acknowledgment to CSSD — only where either spouse has a Title IV-D/CSSD case, and there are minor children | All | — | Download |
| MP-500 | Financial Disclosure and Proposed Property Distribution | Petition and Service | — | Download |
| MP-510 | Disclosure of Income and Expenses — served on the other spouse only, never filed | Petition and Service | — | Download |
| MP-521 | Joint Proposed Property Distribution | Joint Dissolution | 8/26 | Download |
| MP-520 | Joint Disclosure of Income and Expenses — exchanged between the spouses, never filed | Joint Dissolution | 5/26 | Download |
| MP-701 | Request for Hearing and Statement of Compliance (or default) | Petition and Service | — | Download |
| MP-702 | Order Granting Hearing on Dissolution with Children | Petition and Service | — | Download |
| MP-714 | Order Granting Hearing on Dissolution without Children | Petition and Service | — | Download |
| MP-121.1 | Request for a Final Hearing — with children | Joint Dissolution | 5/26 | Download |
| MP-121.2 | Court Order for Final Hearing — with children; you fill in only the header | Joint Dissolution | 5/26 | Download |
| MP-122.1 | Request for a Final Hearing on Joint Dissolution — without children | Joint Dissolution | 5/26 | Download |
| MP-122.2 | Court Order on Hearing for Joint Dissolution — without children; you fill in only the header | Joint Dissolution | 5/26 | Download |
| MP-703 | Dissolution Decree (with children) | Petition and Service | — | Download |
| MP-713 | Dissolution Decree (without children) | Petition and Service | — | Download |
| MP-721 | Decree of Joint Dissolution (with children) | Joint Dissolution | 7/26 | Download |
| MP-722 | Decree of Joint Dissolution (without children) | Joint Dissolution | 7/26 | Download |
| MP-704 | Notice and Entry of Decree | All | — | Download |
| MP-130 | Consent to Entry of Decree — where one spouse cannot attend the hearing | Joint Dissolution | 5/26 | Download |
| MP-140 | Sensitive Data Form — where applicable to the case | Joint Dissolution | — | Download |
| Vital | Vital Statistics Reporting Form (from DPHHS, filed with the Clerk too) | All | — | Download |
| Affidavit-NoHearing | Affidavit for Entry of Decree Without Hearing — notarized, skips the court hearing | All | 8/19 | Download |
Every one of these is free. Download fresh each time — the Judicial Branch revises these routinely, and a saved copy from last year may already be superseded. Full catalog: courts.mt.gov/forms/dissolution.
3 · Getting the forms and filling them in
Montana’s self-represented process has a different shape than most states’. Here’s what’s actually true about it.
You may e-file, but you do not have to Your choice
- Portal
- Montana Courts Electronic Filing (Montana eFile)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- Yes — an account on mtefile.courts.mt.gov is required to e-file. No registration cost is published on the judiciary's e-filing pages.
- With a fee waiver
- Partially published. The Temporary E-Filing Rules provide for "a request for waiver of fees, using a form provided by the electronic filing system," but no published statement confirms whether an approved waiver also covers any separate portal/conven
- Worth knowing
- E-filing in Montana is opt-in for everyone by default, so a self-represented divorce filer can always walk into the clerk of District Court with paper. The one thing to check locally is whether the specific District Court has designated a case type for mandatory e-filing, which the rules permit. Filing fees due are paid through the system when you e-file.
Step one — download fresh, every time
All statewide MP-series dissolution forms live at the Montana Judicial Branch’s own landing pages, split by which packet fits your situation:
| Packet | |
|---|---|
| Without children | courts.mt.gov/forms/dissolution/nokid ↗ |
| With children | courts.mt.gov/forms/dissolution/kid ↗ |
| Joint, without children | courts.mt.gov/forms/dissolution/jointnokid ↗ |
| Joint, with children | courts.mt.gov/forms/dissolution/jointkid ↗ |
Unlike Florida or Connecticut’s fillable PDFs, many Montana MP forms are plain .docx files. Download the current one, fill it in on your computer (Word, Google Docs, or LibreOffice all work), and print the final version to sign. Don’t hand-fill a printed copy if you can avoid it — typed forms are easier for clerks to read and less likely to bounce.
Step two — sign it, and you’ll rarely need a notary
This is the part that surprises people coming from other states. Nearly every MP-series form — your Petition, Summons, Proposed Property Distribution, Parenting Plan — is signed with a plain declaration: “I declare under penalty of perjury and under the laws of the state of Montana that the information in this document is true and correct.” No notary, no witness, no stamp.
If you want to skip your final hearing entirely, you’ll file the Affidavit for Entry of Decree of Dissolution of Marriage Without Hearing — and that one does require a notary’s signature and seal. It’s the only document in this whole process most people will actually need to get notarized.
Step three — file it with the Clerk of District Court, on paper
Montana’s cases are filed in District Court, at the Clerk of District Court’s office in the county where you, your spouse, or your children live. Unlike Florida and Connecticut, Montana’s statewide e-filing system is built for attorneys — the Judicial Branch’s own e-filing instructions state it is “available for attorney-represented parties.” As a self-represented filer, you’ll bring your paperwork in on paper (some clerks accept mail).
Make the number of copies your packet’s instructions call for — usually the original plus two or three copies — so you keep one, your spouse gets one, and (with children) the Department of Public Health and Human Services’ Child Support Services Division gets one if you have an open case with them.
Step four — serve your spouse, if you’re not filing jointly
Montana gives you four real options, and they’re not interchangeable:
| Method | Best when |
|---|---|
| Sheriff | You’re worried about safety, communication is poor, or you want the case moving fast. The Sheriff charges a fee — waived if your fee waiver was approved. |
| Notice & Acknowledgment | Your spouse will cooperate. You mail or hand them the papers plus MP-403.1/403.2; they sign and return it. You must wait 21 days for it to come back before trying another method. |
| Private process server | Sheriff service isn’t working, or your spouse is out of state. Needs a signed Praecipe. |
| Publication | Last resort only — you and everyone you know have exhausted every way to locate your spouse. |
4 · Your deadlines, calculated
Montana’s clock is simpler than most states’: there’s no 90-day floor from filing the way Connecticut has. What matters is the 21 days your spouse gets to respond after service — or, if you’re filing jointly, the roughly 120-day window Montana’s own instructions set for a scheduling order to arrive.
5 · The order it actually happens in
Most people assume Montana makes you live apart for 180 days before you can even file. That’s only one of two ways to prove “irretrievable breakdown” under M.C.A. § 40-4-104(1)(b). The other is alleging “serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage” (§ 40-4-104(1)(b)(ii)) — and you can check that box and file the same day you decide to. In practice, this is the box almost every joint, uncontested petition checks: courts routinely treat two spouses jointly asking, under oath, to end the marriage as proof enough of serious discord. Check the 180-day box only if you’ve genuinely been separated that long — otherwise, “serious marital discord” is usually both the more accurate and the faster answer.
6 · The rejection-proofing checklist
These are the specific things that get Montana filings bounced, delayed, or defaulted on.
Grounds and petition basics
Forms people forget
Timing
7 · Full disclosure — what MP-500 and MP-510 require
Montana law (M.C.A. §§ 40-4-252 through 254) requires each spouse to fully disclose every asset, debt, source of income, and expense to the other — not to the court. Leave something off, and the court can presume it should go entirely to your spouse if it’s an asset, or entirely to you if it’s a debt.
MP-510 (Disclosure of Income and Expenses) and most of MP-500 (Proposed Property Distribution) are exchanged directly with your spouse — they do not go in the court file unless a judge specifically orders it. Write “unknown” for anything you genuinely don’t know rather than leaving it blank.
8 · What this costs
| Item | Cost |
|---|---|
| Filing fee — Petition for Dissolution, statewide (M.C.A. § 25-1-201(1)(a) base fee of $170, plus the $30 court information technology surcharge under § 3-1-317) | $200 |
| Sheriff service of process — Missoula County (effective 7/1/2026) | $100 |
| Sheriff service of process — Gallatin County | $100 |
| Sheriff service of process — Yellowstone County (per the schedule the Sheriff’s Office has posted; call to confirm it’s current) | $75 |
| Respondent’s appearance fee, if your spouse files a Response ($60 statutory + $10 surcharge) | $70 |
| Entry of judgment, paid by the prevailing party at your hearing | $50 |
| Extra or certified copy of your final Decree | $10 |
| Service by publication, if you can’t locate your spouse (newspaper costs on top) | $100+ |
| Typical all-in, doing it yourselves, uncontested | $250–$350 |
File MP-001, Statement of Inability to Pay Court Costs and Fees. If you receive SNAP, TANF, SSI, Medicaid, WIC, or LIHEAP, or you’re already represented by a legal aid organization, you qualify automatically — just check the box and skip to the signature page. Otherwise the form walks the court through an income-based test. An approved waiver also gets the Sheriff to waive their service fee.
Member-reported attorney costs (illustrative demo data — not independently verified, provided for rough orientation only): Yellowstone County (Billings) uncontested-retainer ranges reported to us run roughly $1,500–$3,500; Missoula County similarly around $1,800–$4,000; Gallatin County (Bozeman) tends to run somewhat higher, roughly $2,500–$5,000. Contested cases in any of the three routinely run past $10,000. Treat these as a sense of scale, not a quote — call a local family law attorney for an actual number.
What this is. A guide to Montana’s own process, built from the Montana Code Annotated (Title 40, chapter 4, including §§ 40-4-104, 40-4-105, 40-4-126, 40-4-211, 40-4-252 through 254; Title 25, chapter 1, § 25-1-201; Title 3, chapter 1, § 3-1-317; and Title 7, chapter 32, § 7-32-2141), the statewide MP-series self-represented forms and instructions published by the Montana Judicial Branch and Montana Legal Services Association at courts.mt.gov/forms/dissolution and montanalawhelp.org, and fee schedules published by the Montana Judicial Branch and the Clerks of District Court in Yellowstone, Missoula, and Gallatin Counties. The forms themselves are free, and this kit links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Montana requires of each path. Montana Legal Services Association’s own guidance is explicit that these self-represented forms are built for simple, uncontested cases: if your situation involves a pension or retirement plan, real estate held with someone else or outside Montana, a family business, a pending bankruptcy, contested custody or support, or domestic violence, talk to an attorney before proceeding. The State Bar of Montana’s Lawyer Referral Service (montanabar.org, 406-449-6577) offers a low-cost initial consultation; Montana Legal Services Association (montanalawhelp.org, 1-800-666-6899) provides free help to those who qualify; and the Montana Coalition Against Domestic and Sexual Violence (406-443-7794) can help if safety is a concern. Court Help / Self-Help Law Center staff (courts.mt.gov/SelfHelp, 406-444-9300) can review your forms for completeness but cannot give legal advice.
Confirm current numbers with the Clerk. Filing fees, local sheriff service fees, and judicial-district-specific procedures are set in part by county governing bodies and can change. Where this kit could not verify an exact current figure with confidence, it says so, or points you to the Clerk of District Court in your county rather than guessing.
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