Montana · Divorce laws · Updated Oct 2026
Montana divorce laws
Who can file for divorce in Montana, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Montana
- Who can file (residency)
- One spouse must have lived (been domiciled) in Montana, or been stationed there in the military, for 90 days before you file.
- Waiting period
- The judge can't sign the decree until 21 days after your spouse is served. There is no required separation: you can show the marriage is broken either by more than 180 days living apart or by serious marital discord. If your spouse denies the marriage is broken, the judge may postpone 30-60 days and suggest counseling.
- Court
- District Court in your county
- Official forms
- Divorce forms (Montana courts)
- Court self-help
- Divorce self-help (Montana courts)
- Filing fee
- $170 to file a petition for dissolution (state statute; Mont. Code Ann. 25-1-201(1)(a)). Some counties may add small local fees; ask the Clerk of District Court.
- If you can't afford the fee
- File the 'Request for Waiving Court Fees' (Statement of Inability to Pay Court Costs and Fees): https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf
- Simpler process for agreed cases
- Joint dissolution (with or without children) when you both agree on everything; you can ask for a decree without a hearing by affidavit if you filed a full separation agreement and financial disclosures (Mont. Code Ann. 40-4-108(4)).
- Law
- Mont. Code Ann. 40-4-104(1)(a) · Mont. Code Ann. 40-4-105(3), 40-4-104(1)(b), 40-4-107
Divorce in Montana, step by step
Check that you can file in Montana
One spouse must have lived (been domiciled) in Montana, or been stationed there in the military, for 90 days before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Montana courts) Joint dissolution (with or without children) when you both agree on everything; you can ask for a decree without a hearing by affidavit if you filed a full separation agreement and financial disclosures (Mont. Code Ann. 40-4-108(4)).
File the papers and pay the fee, or ask for a waiver
File with the District Court in your county. Filing fee: $170 to file a petition for dissolution (state statute; Mont. Code Ann. 25-1-201(1)(a)). Can't afford it? File the 'Request for Waiving Court Fees' (Statement of Inability to Pay Court Costs and Fees): https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf.
Serve your spouse
Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult.
Your spouse responds
21 days after service to file a response. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The judge can't sign the decree until 21 days after your spouse is served.
Agree, or go to mediation or a hearing
Not required statewide, but the judge can order mediation. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. If you ask, the judge must restore your maiden, birth or former name in the decree.
Free tools for Montana
Pre-set for Montana. They run in your browser and send nothing.
Divorce timeline estimator for Montana
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Montana
- No-fault ground
- irretrievable breakdown (irretrievably broken marriage)
- Fault grounds
- Not available: no-fault only
- Law
- Mont. Code Ann. 40-4-104, 40-4-105(4) (old fault defenses abolished)
Property and debts in Montana
- System
- Equitable distribution
- The rule
- The judge divides all property of either spouse fairly (not always 50/50), whenever and however it was acquired, without regard to marital misconduct. A homemaker's work counts as a contribution.
- Law
- Mont. Code Ann. 40-4-202
Alimony (spousal support) in Montana
Called maintenance. The judge can award it only if the spouse asking lacks enough property for reasonable needs and can't support themselves by working (or is caring for a child who needs them at home). Amount and length are what the judge finds fair, based on factors like length of marriage, standard of living, age and health. No formula. Mont. Code Ann. 40-4-203.
Children: custody and support in Montana
- What Montana calls custody
- parenting plan (parenting time and decision-making)
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Montana DPHHS Child Support Services Division (CSSD)
Serving your spouse in Montana
- How your spouse gets the papers
- Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult. Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2). If you can't find them, ask the court for service by publication (MP-402).
- Time to respond
- 21 days after service to file a response
- Law
- Mont. Code Ann. 40-4-105(3); court forms MP-400 to MP-403
Going back to a former name in Montana
Yes. If you ask, the judge must restore your maiden, birth or former name in the decree. Mont. Code Ann. 40-4-108(5).
Mediation in Montana
Not required statewide, but the judge can order mediation. Mediation is generally not appropriate where there is domestic abuse. Ask the Clerk of District Court or the Court Help Program whether your district has its own mediation rules.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Montana: Montana Orders of Protection forms: https://courts.mt.gov/forms/domestic
Your browser history may show this page. If someone checks your device, use a private window or a device they can't see.
Free help in Montana
Good to know in Montana
- Montana has one of the shortest residency rules: 90 days. (Mont. Code Ann. 40-4-104)
- When the petition is filed, an automatic economic restraining order applies to both spouses, limiting moving or spending marital assets. (Mont. Code Ann. 40-4-105(1)(h), 40-4-126)
- Part of the $170 filing fee funds civil legal help for domestic violence victims. (Mont. Code Ann. 25-1-201(3))
Changes in 2024–2026
No change found to the core divorce statutes (40-4-104, -105, -108, -202, -203) in 2024-2026; Montana child support guideline tables were updated effective Feb. 1, 2026 (CSSD).
Divorce checklist for Montana
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Montana
How long do you have to live in Montana to file for divorce?
One spouse must have lived (been domiciled) in Montana, or been stationed there in the military, for 90 days before you file.
How long does a divorce take in Montana?
The judge can't sign the decree until 21 days after your spouse is served. There is no required separation: you can show the marriage is broken either by more than 180 days living apart or by serious marital discord. If your spouse denies the marriage is broken, the judge may postpone 30-60 days and suggest counseling.
What are the grounds for divorce in Montana?
Montana's no-fault ground is irretrievable breakdown (irretrievably broken marriage). Montana has no fault grounds.
Is Montana a community property state?
No. Montana uses equitable distribution. The judge divides all property of either spouse fairly (not always 50/50), whenever and however it was acquired, without regard to marital misconduct. A homemaker's work counts as a contribution.
How much does it cost to file for divorce in Montana?
$170 to file a petition for dissolution (state statute; Mont. Code Ann. 25-1-201(1)(a)). Some counties may add small local fees; ask the Clerk of District Court.
Can I get the divorce filing fee waived in Montana?
File the 'Request for Waiving Court Fees' (Statement of Inability to Pay Court Costs and Fees): https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf
Is there a simpler divorce process in Montana?
Joint dissolution (with or without children) when you both agree on everything; you can ask for a decree without a hearing by affidavit if you filed a full separation agreement and financial disclosures (Mont. Code Ann. 40-4-108(4)).
How long does my spouse have to respond in Montana?
21 days after service to file a response
Can I change my name back in a divorce in Montana?
Yes. If you ask, the judge must restore your maiden, birth or former name in the decree. Mont. Code Ann. 40-4-108(5).
Is mediation required in a divorce in Montana?
Not required statewide, but the judge can order mediation. Mediation is generally not appropriate where there is domestic abuse. Ask the Clerk of District Court or the Court Help Program whether your district has its own mediation rules.
How does alimony work in Montana?
Called maintenance. The judge can award it only if the spouse asking lacks enough property for reasonable needs and can't support themselves by working (or is caring for a child who needs them at home). Amount and length are what the judge finds fair, based on factors like length of marriage, standard of living, age and health. No formula. Mont. Code Ann. 40-4-203.