Divorce in Montana, start to finish

Spot something out of date? See our corrections or email hello@thecusp.app.

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.

Start with your dates

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.

Jump to the deadline calculator ↓

Built from the current MP-series forms on courts.mt.gov, checked 08/2026
Montana DIY Divorce Kit

Which forms do you actually need?

Your route and its conditions, the forms grouped by route, how filing actually works in Montana, and the sequence with its costs.

First, which route you are on. Each one opens to the conditions the rule actually sets.

Joint Dissolution

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.
Petition and Service

M.C.A. § 40-4-105(3)

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.
The forms, grouped by the route they belong to

Grouped exactly as Montana labels them, and nothing is added. Every one links to the official PDF.

All  5 forms
  • MP-001 — Statement of Inability to Pay Court Costs and Fees (optional fee waiver)
  • MP-404 — Notice and Acknowledgment to CSSD — only where either spouse has a Title IV-D/CSSD case, and there are minor children
  • MP-704 — Notice and Entry of Decree
  • Vital — Vital Statistics Reporting Form (from DPHHS, filed with the Clerk too)
  • Affidavit-NoHearing — Affidavit for Entry of Decree Without Hearing — notarized, skips the court hearing
Joint Dissolution  14 forms
  • MP-121 — Joint Petition for Dissolution with Minor Children
  • MP-122 — Joint Petition for Dissolution without Children
  • MP-320 — Joint Proposed Parenting Plan — where there are minor children
  • CSSD-Aff — CSSD Financial Affidavit, for the child support calculation — where there are minor children
  • MP-521 — Joint Proposed Property Distribution
  • MP-520 — Joint Disclosure of Income and Expenses — exchanged between the spouses, never filed
  • MP-121.1 — Request for a Final Hearing — with children
  • MP-121.2 — Court Order for Final Hearing — with children; you fill in only the header
  • MP-122.1 — Request for a Final Hearing on Joint Dissolution — without children
  • MP-122.2 — Court Order on Hearing for Joint Dissolution — without children; you fill in only the header
  • MP-721 — Decree of Joint Dissolution (with children)
  • MP-722 — Decree of Joint Dissolution (without children)
  • MP-130 — Consent to Entry of Decree — where one spouse cannot attend the hearing
  • MP-140 — Sensitive Data Form — where applicable to the case
Petition and Service  19 forms
  • MP-112 — Petition for Dissolution without Children
  • MP-113 — Petition for Dissolution with Parenting Plan
  • MP-113-B — List of Additional Children of this Relationship — attachment, if needed
  • MP-400 — Summons and Automatic Economic Restraining Order
  • MP-401 — Request of Sheriff to Serve Documents — where the Sheriff is used
  • MP-403.1 — Notice and Acknowledgment of Service — where the Sheriff is not used
  • MP-403.2 — Acknowledgment of Service — the responding spouse signs and returns this
  • MP-402.1 — Request for Order Granting Service by Publication — last resort only
  • MP-402.2 — Order for Service of Summons by Publication
  • MP-402.3 — Summons for Publication
  • MP-300 — Proposed Parenting Plan — where there are minor children
  • MP-300-G — Description of Existing Medical Coverage — where required
  • MP-500 — Financial Disclosure and Proposed Property Distribution
  • MP-510 — Disclosure of Income and Expenses — served on the other spouse only, never filed
  • MP-701 — Request for Hearing and Statement of Compliance (or default)
  • MP-702 — Order Granting Hearing on Dissolution with Children
  • MP-714 — Order Granting Hearing on Dissolution without Children
  • MP-703 — Dissolution Decree (with children)
  • MP-713 — Dissolution Decree (without children)
You file on paper

Montana does not let you e-file this yourself

The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Montana.

Portal
Montana Courts Electronic Filing (Montana eFile)
Paper
Required of you. File with the clerk of district court, in person or by mail; some clerks also take email.
What it costs
Nothing to you, because you cannot use it for a divorce.
Account
Not available to you. The Montana Courts e-filing court policy, dated 30 July 2026, says: “E-Filing is not yet enabled for use by self-represented litigants at any court.”
With a fee waiver
Not applicable to you, because you file on paper. A fee waiver for the filing fee itself is requested through the clerk.
Worth knowing
Montana has a statewide e-filing system, but it is open only to attorneys and a few registered agencies. A self-represented divorce filer files paper with the clerk of district court. Ask your county clerk whether they take email filings, since some do.
The sequence

Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.

#StepForms it namesCost
1Confirm residency and pick your groundsNone named—
2Fill out and file your petition packetMP-001$200
3Serve your spouse not needed if filing jointlyNone named—
4Wait out the 21-day response window from serviceNone named—
5Exchange full financial disclosureMP-500MP-510MP-520MP-521—
6Notify CSSD, if it applies only if you have a case with themNone named—
7Request your hearing — or skip itMP-122.1MP-121.1MP-122MP-701MP-121—
8File your Notice and Entry of DecreeMP-704—
What it costs

Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.

Filing fee — Petition for Dissolution, statewide (M.C.A. § 25-1-201(1)(a) base fee of $170, plus the court information technology surcharge under § 3-1-317, which the statute sets at $10)$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
What this cannot do for you. It cannot tell you which forms your case needs — that depends on facts only you, and if you need one your lawyer, can weigh. Nothing here is new: every route condition, form label and figure is taken from this page’s own verified sections below. Download every form fresh, because clerks reject superseded revisions.
The short version8 points · tap one to jump to it
  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.
  2. Every form Montana publishes for a divorce — The Cusp is not a law firm and cannot tell you which forms are right for your case.
  3. Getting the forms and filling them in — Montana's self-represented process has a different shape than most states'.
  4. Your deadlines, calculated — Montana's clock is simpler than most states': there's no 90-day floor from filing the way Connecticut has.
  5. The order it actually happens in — Most people assume Montana makes you live apart for 180 days before you can even file.
  6. The rejection-proofing checklist
  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.
  8. What this costs — File MP-001, Statement of Inability to Pay Court Costs and Fees.
In this subject 8

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.

This is information, not legal advice

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.

FormWhat it isRouteRev.
MP-001Statement of Inability to Pay Court Costs and Fees (optional fee waiver)All5/26Download
MP-121Joint Petition for Dissolution with Minor ChildrenJoint Dissolution6/26Download
MP-122Joint Petition for Dissolution without ChildrenJoint Dissolution6/26Download
MP-112Petition for Dissolution without ChildrenPetition and Service—Download
MP-113Petition for Dissolution with Parenting PlanPetition and Service—Download
MP-113-BList of Additional Children of this Relationship — attachment, if neededPetition and Service—Download
MP-400Summons and Automatic Economic Restraining OrderPetition and Service9/21Download
MP-401Request of Sheriff to Serve Documents — where the Sheriff is usedPetition and Service3/22Download
MP-403.1Notice and Acknowledgment of Service — where the Sheriff is not usedPetition and Service—Download
MP-403.2Acknowledgment of Service — the responding spouse signs and returns thisPetition and Service—Download
MP-402.1Request for Order Granting Service by Publication — last resort onlyPetition and Service—Download
MP-402.2Order for Service of Summons by PublicationPetition and Service—Download
MP-402.3Summons for PublicationPetition and Service—Download
MP-300Proposed Parenting Plan — where there are minor childrenPetition and Service—Download
MP-300-GDescription of Existing Medical Coverage — where requiredPetition and Service—Download
MP-320Joint Proposed Parenting Plan — where there are minor childrenJoint Dissolution8/26Download
CSSD-AffCSSD Financial Affidavit, for the child support calculation — where there are minor childrenJoint Dissolution—Download
MP-404Notice and Acknowledgment to CSSD — only where either spouse has a Title IV-D/CSSD case, and there are minor childrenAll—Download
MP-500Financial Disclosure and Proposed Property DistributionPetition and Service—Download
MP-510Disclosure of Income and Expenses — served on the other spouse only, never filedPetition and Service—Download
MP-521Joint Proposed Property DistributionJoint Dissolution8/26Download
MP-520Joint Disclosure of Income and Expenses — exchanged between the spouses, never filedJoint Dissolution5/26Download
MP-701Request for Hearing and Statement of Compliance (or default)Petition and Service—Download
MP-702Order Granting Hearing on Dissolution with ChildrenPetition and Service—Download
MP-714Order Granting Hearing on Dissolution without ChildrenPetition and Service—Download
MP-121.1Request for a Final Hearing — with childrenJoint Dissolution5/26Download
MP-121.2Court Order for Final Hearing — with children; you fill in only the headerJoint Dissolution5/26Download
MP-122.1Request for a Final Hearing on Joint Dissolution — without childrenJoint Dissolution5/26Download
MP-122.2Court Order on Hearing for Joint Dissolution — without children; you fill in only the headerJoint Dissolution5/26Download
MP-703Dissolution Decree (with children)Petition and Service—Download
MP-713Dissolution Decree (without children)Petition and Service—Download
MP-721Decree of Joint Dissolution (with children)Joint Dissolution7/26Download
MP-722Decree of Joint Dissolution (without children)Joint Dissolution7/26Download
MP-704Notice and Entry of DecreeAll—Download
MP-130Consent to Entry of Decree — where one spouse cannot attend the hearingJoint Dissolution5/26Download
MP-140Sensitive Data Form — where applicable to the caseJoint Dissolution—Download
VitalVital Statistics Reporting Form (from DPHHS, filed with the Clerk too)All—Download
Affidavit-NoHearingAffidavit for Entry of Decree Without Hearing — notarized, skips the court hearingAll8/19Download

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.

Montana does not let you e-file this yourself You file on paper

Who may e-file
Attorneys and court-designated users. The Montana Courts e-filing Court Policy, as of 30 July 2026, states plainly: ‘E-Filing is not yet enabled for use by self-represented litigants at any court.’
Portal
Montana Courts Electronic Filing (Montana eFile)
Paper
Required of you. File with the Clerk of District Court for your county.
What it costs
No portal fee published.
Account
Not available to self-represented parties. The court’s own policy document says e-filing is not yet enabled for them at any court, so an account cannot be opened for this purpose.
With a fee waiver
Not confirmed. The temporary e-filing rules provide for fee-waiver requests through the system, but that provision reaches registered users, who are attorneys.
Worth knowing
Note the word ‘yet,’ which is the court’s own. Montana’s policy document is dated and updated, which is more than most states manage — so this is a row worth re-checking rather than assuming it holds.

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 childrencourts.mt.gov/forms/dissolution/nokid ↗
With childrencourts.mt.gov/forms/dissolution/kid ↗
Joint, without childrencourts.mt.gov/forms/dissolution/jointnokid ↗
Joint, with childrencourts.mt.gov/forms/dissolution/jointkid ↗
Most are Word documents, not fillable PDFs

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.

The one real exception

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:

MethodBest when
SheriffYou’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 & AcknowledgmentYour 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 serverSheriff service isn’t working, or your spouse is out of state. Needs a signed Praecipe.
PublicationLast 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.

Are you filing jointly with your spouse?
Date you filed (or plan to file)
Leave blank if you haven’t filed yet
Date your spouse was served
Not needed if you’re filing jointly

5 · The order it actually happens in

1
Confirm residency and pick your grounds
One of you must be domiciled in Montana for 90 days before filing (M.C.A. § 40-4-104(1)(a)). Then decide whether you’re alleging 180+ days living separate and apart, or serious marital discord — see the trap below. Either way, the petition must also say whether the wife is pregnant.
2
Fill out and file your petition packet
Filed with the Clerk of District Court in your county — $200 total (or file MP-001 to request a fee waiver). Filing triggers the Automatic Economic Restraining Order under § 40-4-126 on you immediately.
3
Serve your spouse not needed if filing jointly
Sheriff, Notice & Acknowledgment, private process server, or publication. The Automatic Economic Restraining Order now applies to them too, and their clock to respond starts.
4
Wait out the 21-day response window from service
M.C.A. § 40-4-105(3): your spouse has 21 days to file a verified Response, and a decree cannot be entered until 21 days after the date of service either way. No response by then, and you can request a default.
5
Exchange full financial disclosure
MP-510/MP-500 (or joint MP-520/MP-521) — required by M.C.A. §§ 40-4-252 through 254. These are served on your spouse, not filed with the court, unless a judge specifically orders otherwise.
6
Notify CSSD, if it applies only if you have a case with them
If either of you receives Title IV-D/TANF child support services or has an open Child Support Services Division case, you must separately mail them notice — not just serve your spouse.
7
Request your hearing — or skip it
File MP-701 (individual) or MP-121.1/MP-122.1 (joint). Joint filers should expect a scheduling order within roughly 120 days of filing, per the state’s own instructions. Or file the notarized Affidavit for Entry of Decree Without Hearing to avoid court entirely.
8
File your Notice and Entry of Decree
MP-704. Your dissolution is not final until this is filed with the Clerk after your hearing — a step people who thought they’d already “won” often forget.
Montana’s trap: the 180-day myth

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.

Served, not filed

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

ItemCost
Filing fee — Petition for Dissolution, statewide (M.C.A. § 25-1-201(1)(a) base fee of $170, plus the court information technology surcharge under § 3-1-317, which the statute sets at $10)$200*
*Confirm this at the counter before you budget. § 25-1-201 was amended by Ch. 587, Laws 2025 and now reads $170; with the § 3-1-317 surcharge at $10 the statutory total is $180. The Montana Judicial Branch’s own civil fee schedule still prints $200 and is stamped “Updated May 2024”, so the court’s published figure and the statute it cites no longer agree. We are showing the higher number so nobody arrives short.
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
If you can’t afford the filing fee

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.

Does cheating change the money in Montana?

No — the court is forbidden to weigh it at all. The rule: “without regard to marital misconduct” (§ 40-4-203(2)). How all fifty states answer this.

Reconciled, and it did not work? No fault ground survives in Montana, so forgiving an affair cannot cost you the divorce — which is an answer rather than a gap: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.

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 guide 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 guide 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.

Authority: M.C.A. tit. 40 ch. 4 — domicile and grounds at § 40-4-104(1), children at § 40-4-211 — read it on Montana’s own site. Checked 15 Sep 2026.
Next step
Before you do anything with the house

Four things can happen to the house in a Montana divorce

Montana is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.

One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.

The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost

Need a vetted attorney, mediator, or financial analyst in Montana?

Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.

Browse the directory →

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If the house is part of this

Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.

The decree is not the last deadline

The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.

When people ask what they can do

Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.

Sources last checked14 September 2026
Page published18 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the date this page was built from its sources. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Law changes without notice, so treat anything time-sensitive as needing a fresh check. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.
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Common questions about filing for divorce in Montana

Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.

How do I file for divorce in Montana?

This page sets out the order it happens in for Montana: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.

What forms do I need to file for divorce in Montana?

The form list on this page gives the official Montana form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.

How much does it cost to file for divorce in Montana?

$170 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Montana, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Montana.

What gets a Montana divorce filing rejected?

This page has a section on exactly that — the specific mistakes that get a filing returned in Montana rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.

How long does a divorce take in Montana?

There is a timeline on this page built from Montana’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.

Where does the information on this page come from?

Montana’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.

Does cheating change the money in Montana?

No, and that is a deliberate choice in the statute rather than a gap in it. Montana forbids the court to weigh marital misconduct when it sets spousal support, so evidence of an affair does not help you there and gathering it may cost money for nothing. Ten states do this, most of them in the same six words. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.

If the house is being sold as part of a Montana divorce

Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.

The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.

Key deadlines at a glance

These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.

Are you filing jointly with your spouse? No — I’ll file and they’ll be served

StepWhenWhat it means
Petition filedThe day you fileThe Automatic Economic Restraining Order (M.C.A. § 40-4-126) takes effect on you immediately.
Spouse servedThe day your spouse is served (or signs a waiver)The Automatic Economic Restraining Order now applies to them too, and their 21-day clock to respond starts today (M.C.A. § 40-4-105(3)).
Spouse’s response deadline / earliest possible decree21 days after serviceM.C.A. § 40-4-105(3): they have 21 days to file a verified Response, and a decree cannot be entered until 21 days after service either way.

Are you filing jointly with your spouse? Yes — filing together as co-petitioners

StepWhenWhat it means
Petition filed as Joint PetitionersThe day you fileThe Automatic Economic Restraining Order (M.C.A. § 40-4-126) takes effect on you immediately.
Expect your hearing scheduling order by now120 days after filingMontana’s own joint-dissolution instructions (MP-21/MP-22) tell petitioners to expect a scheduling order within about 120 days of filing.

Your county

Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.

Montana has a unified state court system. Divorce (dissolution) is filed with the Clerk of District Court in the county, and the state courts website offers shared dissolution packets with and without children, plus joint versions. Each judicial district publishes its own local rules PDF, and some counties add their own fees, orientation or e-filing requirements. Counties differ mainly in those local rules and clerk practices, so check the district’s rules and the clerk before filing. See the statewide forms.

Cascade County Call or check the court website to confirm

The county clerk page gives the office address and hours and links to the 8th District local rules and the state self-help forms. Its phone number differs from the one on the state court locator, so confirm which is current. Local rules content was not reviewed.

Local rules · Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Flathead County Call or check the court website to confirm

Only the state court locator listing was confirmed, which gives the clerk’s address, phone and a link to the district’s local rules. Local rules and clerk practices were not reviewed, so check with the clerk.

Who to contact: Clerk of District Court, 920 South Main, Ste. 300, Kalispell, MT 59901; (406) 758-5870

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Gallatin County Call or check the court website to confirm

The county page lists fees of $250 for a divorce ($200 plus a $50 judgment fee) and $170 for a parenting action. Divorces involving minor children require a Child Support Guidelines Worksheet even if no support is requested. The page points to free state forms, the Self Help Law Center in Bozeman, and the free Family Transition Project mediation line at 406-543-8343. Local rules content was not reviewed.

Who to contact: Clerk of District Court, 515 S. 16th Ave, Room 1041, Bozeman, MT 59715; (406) 582-2165 (the state locator page’s link shows a different number, so confirm before calling)

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Lewis and Clark County Call or check the court website to confirm

The county self-help page says the First Judicial District judges accept only single-sided documents. It lists the Self-Help Law Center inside the State Law Library in Helena. No county-specific forms, e-filing or class details were confirmed, and the local rules were not reviewed.

Who to contact: Clerk of District Court, 228 East Broadway St., Helena, MT 59601; (406) 447-8216

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Missoula County

The 4th District Rules of Practice (revised October 31, 2025) require parenting plan orientation in dissolution and parenting cases, and the case cannot go to final hearing without proof of attendance (Rule 12(A)). A State Case Registry and Vital Statistics form is also required (Rule 12(H)). The county lists filing fees of $200 for dissolution, $180 for legal separation and $120 for a parenting plan, and email filings carry a $0.50 per page charge (Rule 3(F)).

Who to contact: Clerk of District Court, Missoula County Courthouse, 2nd floor, 200 W. Broadway, Missoula, MT 59802; 406-258-4780; Mon-Fri 8 a.m.-5 p.m.

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Yellowstone County

The 13th District local rules make e-filing mandatory for domestic relations cases (effective July 1, 2023 per Rule 14). The judge may consider requiring an evaluation, counseling or education course at the parties’ cost (Rule 27), and may consider a settlement conference or ADR, with mediator fees split equally unless agreed otherwise (Rule 29). The county clerk page lists a case-filing email address but no divorce forms.

Who to contact: Clerk of District Court, 217 N. 27th Street, Rooms 702-704, P.O. Box 35030, Billings, MT 59107; (406) 256-2851

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.

Serving the papers in Montana? Sheriff or an adult over 18 who is not a party; not you. Deadline: three years. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Montana in our state-by-state serving table.

How we can help

Understand the house first. Then talk to someone who gets it.

The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.

1. Start with the facts, free

22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?

Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.

2. Know when not to call an agent

Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.

3. Talk to someone who gets it

When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.

Ask for an introduction

How we are paid

You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.

General information, not legal or tax advice. The Cusp is not a law firm.

Selling a home in a divorce: what to ask a local listing agent

Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.

  • Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
  • Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
  • Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
  • Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
  • Where will the sale proceeds be held until the decree says who gets what?
  • How will you handle showings, access and lockboxes if we are not speaking?
  • Will you give both spouses and both lawyers the same information at the same time?
  • What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
  • Can I have your fee terms in writing and the names of past clients who sold during a divorce?