Montana | Divorce.Pro

Uncontested Divorce in Montana

To qualify for an uncontested divorce (called “dissolution of marriage”) in Montana, the following must apply:

Residency:
- Either you or your spouse must have lived in Montana for at least 90 days before filing.
Grounds for Divorce
- Montana is a no-fault divorce state. The only required ground is:
- Irretrievable breakdown of the marriage.
- No proof of wrongdoing (e.g., adultery, abuse) is needed.
Full Agreement:

Both spouses must agree on:
- Both spouses must agree on:
- Spousal support (if any)
- Child custody, visitation, and support (if applicable)

If there is no full agreement, your case will be contested and follow a different process.

For uncontested cases, you may file:

Forms and self-help packets are available at: https://courts.mt.gov/forms/domestic

2. File with the District Court

File in the District Court in the county where you or your spouse resides.
Pay the filing fee (typically $200–$250).
You can apply for a fee waiver (called a "Request for Waiver of Filing Fees") if you cannot afford the fee.

3. Wait for Court Review

After filing, a hearing may or may not be required, depending on the judge and the county.
In many uncontested cases with full agreement, the judge may sign the final decree without a hearing.

4. Receive Final Decree

If all forms are complete and your agreements are reasonable, the judge will issue a Final Decree of Dissolution, and your divorce is finalized.

With Children:
- You must submit a Parenting Plan and Child Support Worksheet
- Both parents may be required to attend a Parenting Education Class, depending on the county
Property Division:
- Montana uses equitable distribution—property is divided fairly, though not necessarily equally
Legal Review:
- Even in an uncontested case, it’s wise to have an attorney review your agreement, especially if you have complex assets or children