Montana Divorce Checklist
divorce.law/resources/divorce-checklist/montana/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
21 days minimum waiting period after service under MCA § 40-4-105. Uncontested cases with full agreement typically finalize in 30 to 90 days. Contested cases requiring mediation, discovery, and trial average 6 to 18 months depending on court scheduling in your judicial district and complexity of disputed issues.
Documents to Gather
- Certified Copy of Marriage Certificate
- Montana Driver's License or State ID
- Social Security Cards for Both Spouses
- Birth Certificates for Minor Children(if applicable)
- Prenuptial or Postnuptial Agreement(if applicable)
- Order of Protection (if applicable)(if applicable)
Financial Documents
- Last 3 Years of Federal and State Tax Returns
- Last 6 Months of Pay Stubs
- Bank Statements for All Accounts (Last 12 Months)
- Retirement Account Statements (401k, IRA, Pension)
- Investment Account Statements
- Real Property Deeds and Mortgage Statements
- Vehicle Titles and Loan Statements
- Credit Card and Debt Statements
- Life Insurance Policies
- Business Ownership Documents(if applicable)
- Health Insurance Policy Information
Key Steps
1. Before Filing
- Verify Montana Residency Requirements
- Determine Your Filing Path: Joint or Contested Dissolution
- Gather Essential Personal and Financial Documents
- Create a Safety Plan If Domestic Violence Is Present
2. Filing Process
- Complete the Petition for Dissolution and Required Forms
- File the Petition with the Clerk of District Court
- Serve Your Spouse with the Filed Petition and Summons
3. After Filing
- Wait for Spouse's Response Within 21 Days
- Exchange Preliminary Financial Disclosures Within 60 Days
- Complete Parenting Education Course If Children Are Involved
- Participate in Mediation If Ordered by the Court
- Negotiate Settlement Agreement or Prepare for Trial
- Attend the Final Hearing or Submit Affidavit for Decree Without Hearing
- Complete Post-Decree Tasks and Update Legal Records
Key Deadlines
Quick Reference
To file for divorce in Montana, you must establish residency by living in the state for at least 90 days before filing under MCA § 40-4-104. File a Petition for Dissolution using Form MP-112 (without children) or Form MP-113 (with children) at the Clerk of District Court in your county, along with the Summons and Automatic Economic Restraining Order (Form MP-400) and the Vital Statistics Reporting Form. The filing fee is $120.00 statewide, with fee waivers available for financial hardship. Your spouse has 21 days to file a verified Response after service under MCA § 40-4-105, which is also the minimum waiting period before a decree may be entered. Both parties must exchange preliminary financial disclosures within 60 days of service under MCA § 40-4-252. If minor children are involved, you must submit a proposed Parenting Plan (Form MP-300) addressing residential scheduling and decision-making. Montana is a no-fault state requiring only proof of irretrievable breakdown. Uncontested cases typically finalize in 30 to 90 days, while contested cases average 6 to 18 months. Download free forms at courts.mt.gov/forms/end_marriage.