Montana · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Montana

For spouses in Montana who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, how your spouse can sign instead of being served and mediation.

In short

Agreed cases in Montana, according to the official sources: 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)).

Who can file (residency)
90 days
Waiting period
21 days after service
Filing fee
$170

Who can use the process for agreed cases 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)).

Before you 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.
Law
Mont. Code Ann. 40-4-104(1)(a) · Mont. Code Ann. 40-4-105(3), 40-4-104(1)(b), 40-4-107

Forms, fees and filing in Montana

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

If your spouse agrees to sign

Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).

If you agree on only some issues

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.

An uncontested divorce in Montana, step by step

  1. 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.

  2. See if you qualify for the simpler process

    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)).

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Montana courts)

  4. File, and pay the fee or ask for a waiver

    $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.

  5. Have your spouse sign or be served

    Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).

  6. Wait out the waiting period

    The judge can't sign the decree until 21 days after your spouse is served.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Montana

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce in Montana?

One spouse must have lived (been domiciled) in Montana, or been stationed there in the military, for 90 days before you file.

Does my spouse have to be served if we agree in Montana?

Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).

How much does it cost to file an uncontested 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.

Is mediation required 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.

More about divorce in Montana

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.