The clerk of district court charges $170 to file a petition for dissolution of marriage in Montana (MCA § 25-1-201(1)(a)). Two statewide add-ons, a $20 additional filing fee and a $10 technology surcharge, bring the amount due at filing to $200. If you cannot pay, you may ask the court to waive the fees under MCA § 25-10-404. This page is part of the filing section of our Montana Divorce Guide, and it covers court fees only.
The Fees the Statutes Set
| Fee | Amount | Source |
|---|---|---|
| Filing a petition for dissolution of marriage | $170 | MCA § 25-1-201(1)(a) |
| Additional fee at the time of filing a civil action | $20 | MCA § 25-1-202(1)(a) |
| Court information technology surcharge, initiating party | $10 | MCA § 3-1-317(1)(b) |
| Filing a petition for legal separation (instead of dissolution) | $150 | MCA § 25-1-201(1)(a) |
| Respondent, on appearance | $60 | MCA § 25-1-201(1)(b) |
| Court information technology surcharge, respondent on appearance | $10 | MCA § 3-1-317(1)(c) |
| Entry of judgment, from the prevailing party | $50 | MCA § 25-1-201(1)(c) |
| Copy of a dissolution decree | $10 | MCA § 25-1-201(1)(d)(ii) |
| Petition for a contested amendment of a final parenting plan | $120 | MCA § 25-1-201(1)(a) |
The amounts above are from the 2025 Montana Code Annotated. The Legislature can change them, so check with the clerk before you file. The technology surcharge is described in its own statute as something other than a fee, imposed "in addition to other taxable court costs, fees, or fines" (MCA § 3-1-317(3)), which is why it does not appear in the main fee schedule.
The statute does not spell out how the entry-of-judgment fee applies when a dissolution ends by agreement and neither spouse is a "prevailing party" in the usual sense, or how the respondent's fee works when both spouses sign a joint petition. Ask the clerk in your county how those are handled.
Where the Dissolution Fee Goes
Part of the $170 is earmarked. Under MCA § 25-1-201(3)(a), $5 goes to the children's trust fund, $19 to a civil legal assistance account for indigent victims of domestic violence, and $30 to the partner and family member assault intervention and treatment fund. The rest goes to the state general fund under subsection (2).
Costs That Are Not Court Filing Fees
Filing is not the only expense in a dissolution. These are separate:
- Service. A sheriff or process server charges for delivering the papers. Service by mail with an acknowledgment avoids that if your spouse cooperates. See serving divorce papers.
- Publication. If a spouse cannot be found and the court allows service by publication, the newspaper charges for running the summons. See if you cannot find your spouse.
- Copies. A copy of a dissolution decree is $10, and a certificate with seal is $2 (MCA § 25-1-201(1)(d)(ii), (e)).
- Professionals. Lawyers, mediators, appraisers, and parenting evaluators set their own charges. Our page on what a divorce costs in Montana explains what drives those.
Asking for a Fee Waiver
Montana's waiver statute is MCA § 25-10-404. A person asks for a waiver by filing an affidavit, supported by a financial statement, stating that the person "has a good cause of action or defense and is unable to pay the costs or procure security." If the court issues an order approving the request, the person may bring or defend the case, and court officers must issue and serve writs and perform their services without demanding fees in advance.
A few details from the statute are worth knowing:
- The statute does not set an income cutoff. The form of the financial statement is prescribed by Department of Justice rule and may ask about income, real and personal property, cash, and savings (MCA § 25-10-404(4)).
- A person represented by an organization that provides free legal services to indigent people does not have to file the financial statement (MCA § 25-10-404(3)).
- Two charges are carved out of the waiver: copy fees and the per-page charge for filing by fax or email (MCA § 25-10-404(1), referring to § 25-1-201(1)(d) and (1)(r)).
- The court may also waive the technology surcharge for a party found unable to pay under the same statute (MCA § 3-1-317(2)).
The Montana Judicial Branch publishes a fee waiver form, titled a statement of inability to pay court costs and fees, on its forms page at courts.mt.gov. The attorney general is also required to prepare sample affidavits and orders of inability to pay, which clerks must make available at no charge (MCA § 40-4-122).
If the Waiver Is Not Decided Before You File
You do not have to wait for a ruling to get your case on file. If a judge is not available to approve the request before filing, "the pleading must be filed subject to subsequent approval." If the request is later denied, "the fees must be paid before the case may proceed further" (MCA § 25-10-404(2)). That can matter when timing is important, for example when you also need temporary orders.
The financial statement is sworn. Fill it out accurately. It is also not the same document as the financial disclosure you will owe your spouse later in the case, which is covered on our page about financial disclosure.
Help With Forms and Low-Cost Options
The Court Help Program's Self-Help Law Centers provide forms and legal information at no charge. Our pages on filing for divorce without a lawyer and free and low-cost divorce help in Montana describe what is available.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.