Divorce Resources in Montana: Court Forms, Legal Aid & Filing Guide

To file for divorce in Montana, you must have been a resident of the state for at least 90 days immediately before filing, per MCA § 40-4-104. Montana is a no-fault state — the only ground for dissolution is irretrievable breakdown of the marriage. You must demonstrate either that you have lived separate and apart from your spouse for 180 days before filing, or that serious marital discord adversely affects the attitude of one or both parties. File your Petition for Dissolution of Marriage (Form MP-112 without children, Form MP-113 with children) at the Clerk of District Court in the county where either spouse resides. The filing fee is $250, consisting of a $200 filing fee and a $50 judgment fee under MCA § 25-1-201.

After filing, you must serve your spouse with the petition, summons, and all accompanying documents. Service may be completed by the county sheriff (Form MP-401) or by the respondent signing an Acknowledgment of Service (Form MP-403.2). If your spouse cannot be located after diligent effort, you may petition for service by publication under MCA § 40-4-105. Your spouse has 21 calendar days from the date of service to file a response. An Automatic Economic Restraining Order takes effect upon filing, prohibiting both parties from selling, hiding, transferring, or encumbering marital assets until the court enters a final decree.

Montana law requires full financial disclosure within 60 days of service. Under MCA § 40-4-252, each party must serve on the other a Preliminary Declaration of Disclosure (Form MP-500) identifying all assets, debts, income, and expenses, along with a completed Declaration of Disclosure of Income and Expenses (Form MP-510). Perjury in these disclosures can result in the court setting aside part or all of the final decree. If your case involves minor children, you must also file a Proposed Parenting Plan (Form MP-300) establishing parenting time and decision-making responsibility under MCA § 40-4-234.

If your spouse does not respond within 21 days, you may request a default hearing using Form MP-701. For an uncontested dissolution where both spouses agree on all terms, a joint petition may be filed (Form MP-115 without children, Form MP-116 with children). After the court reviews all financial disclosures and the proposed settlement agreement — and verifies compliance with MCA §§ 40-4-252 through 40-4-254 — a final decree is entered. Montana has a mandatory 20-day waiting period from the date the respondent is served before the court can enter a decree of dissolution under MCA § 40-4-104(3).

Montana courts may order parents to attend an educational program about the effects of dissolution on children under MCA § 40-4-226. This requirement applies in all dissolution and parenting plan cases involving minor children and is imposed at the discretion of the presiding district court judge. The program covers the emotional and psychological impact of divorce on children, co-parenting communication strategies, and age-appropriate ways to support children through the transition. Course requirements vary by judicial district — some counties mandate a specific in-person program, while others accept approved online alternatives. Check with your local Clerk of District Court to confirm which programs are accepted in your county, as some judicial districts specifically reject distance-learning certificates.

Montana courts have discretionary authority to order mediation in divorce and parenting cases under MCA § 40-4-301. The court may at any time require parties to participate in mediation, and either party may request that the court order mediation. The purpose of family law mediation under MCA § 40-4-302 is to reduce acrimony between parties and develop agreements that serve the best interests of any children involved. The mediator must be selected from the court-maintained list per MCA § 40-4-306, though parties may agree to use a different mediator. Mediators cannot use coercive measures and may exclude attorneys from sessions except in domestic violence cases. Critically, mediation must not be ordered — or must be halted — when there is reason to suspect physical, sexual, or emotional abuse of a party or child, unless both parties provide written, informed consent per MCA § 40-4-301(1).

Montana requires mandatory financial disclosure in all dissolution cases under MCA § 40-4-252. Within 60 days of service of the petition, each party must serve on the other a Preliminary Declaration of Disclosure (Form MP-500) executed under penalty of perjury. The disclosure must identify with sufficient particularity all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of characterization. Each party must also provide a completed Declaration of Disclosure of Income and Expenses (Form MP-510). The court may set aside a judgment, or part of a judgment, if it discovers a party committed perjury in the disclosure under MCA § 40-4-252(6). A decree cannot be entered by affidavit (without hearing) unless both parties have complied with the disclosure provisions of MCA §§ 40-4-252 through 40-4-254.