Filing for divorce in Montana without an attorney costs $170 in court fees. You must meet the residency requirement of 90 days in Montana. Montana is a equitable distribution state with a 20 days waiting period. An uncontested divorce typically takes 1-2 months. Victoria AI guides you through every step with Montana-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $170 (The filing fee is approximately $170 statewide. Montana has relatively uniform fees across district courts.) |
| Residency Requirement | 90 days in Montana |
| Waiting Period | 20 days |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Irretrievable breakdown (no-fault), Serious marital discord affecting attitude of both parties |
| No-Fault Only? | Yes |
| Uncontested Timeline | 1-2 months |
| Contested Timeline | 6 months to 2+ years |
| Fee Waiver Available? | Yes |
To file for divorce in Montana, you must meet the following residency requirement: 90 days in Montana.
At least one spouse must have been domiciled in Montana for at least 90 days before filing for dissolution of marriage.
Tip: Victoria AI can help you determine if you meet Montana's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Montana without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been domiciled in Montana for at least 90 days before filing for dissolution of marriage.
Download the official Montana divorce forms: Petition for Dissolution of Marriage, Summons, Financial Declaration. All forms are available from the Montana courts website.
Fill out the divorce petition (DR-100) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Montana court and pay the filing fee of $170. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Montana rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Montana law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Montana has a 20-day waiting period from the date the respondent is served. The court cannot finalize the dissolution until this period expires.
Submit your final judgment to the court. For uncontested divorces in Montana, this typically takes 1-2 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Montana. Victoria AI guides you through completing each form correctly.
Initiates divorce
Notifies spouse
Financial disclosure
Final judgment
The filing fee to start a divorce in Montana is $170. The filing fee is approximately $170 statewide. Montana has relatively uniform fees across district courts.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $170 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $250-$900 (uncontested DIY) |
If you cannot afford the filing fee, Montana offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Montana, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Montana courts are strict about service requirements.
Montana is a equitable distribution state.
Montana divides marital property equitably. The court considers duration of marriage, age, health, occupation, amount and sources of income, vocational skills, and contribution to acquisition of marital property.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Montana law applies to your specific property.
Montana uses the Income shares model per Montana Child Support Guidelines.
Montana uses income shares guidelines. Both parents' gross incomes determine the total child support, allocated based on income percentages and parenting time.
Understanding the timeline helps you plan and set realistic expectations for your Montana divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $170 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
20 days - Montana has a 20-day waiting period from the date the respondent is served. The court cannot finalize the dissolution until this period expires.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
No-fault only state
Very short 20-day waiting period
90-day residency
Standardized DR forms statewide
One of the faster states for divorce
Common questions about filing for divorce in Montana without an attorney.
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Montana-specific forms
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All Montana divorce information verified from official state court sources.
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