Montana Divorce Guide

How to File for Divorce in Montana

A Montana divorce is a court case with a fixed sequence: petition, service, response, disclosure, and decree. Here is each step and the statute behind it.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: August 1, 2026

Key Takeaways: How to File for Divorce in Montana

A Montana divorce starts with a verified petition for dissolution of marriage filed in district court (MCA § 40-4-105(1)).
Either spouse, or both together, may start the case (MCA § 40-4-105(2)).
When the petition is filed, the clerk issues a summons that carries an automatic economic restraining order (MCA § 40-4-126).
A spouse who is served may file a verified response within 21 days, and no decree may be entered until 21 days after service (MCA § 40-4-105(3)).
Each spouse owes the other a preliminary declaration of disclosure within 60 days of service of the petition (MCA § 40-4-252(1)).
The case ends in a decree, by agreement or after a hearing. The court must first address parenting, child support, maintenance, and property to the extent it has jurisdiction (MCA § 40-4-104(1)(c)).

To file for divorce in Montana, one spouse (or both together) files a verified petition for dissolution of marriage in district court, pays the filing fee or asks for a waiver, and has the other spouse served. The other spouse has 21 days to respond, both spouses exchange financial disclosures, and the case ends in a decree by agreement or after a hearing. This page is the starting point for the filing section of our Montana Divorce Guide. Montana's statutes call divorce "dissolution of marriage," so that is the term you will see on the forms.

The Steps From Petition to Decree

Step	What happens	Source
1. Petition	One spouse, or both together, files a verified petition for dissolution in district court.	MCA § 40-4-105(1), (2)
2. Fees	The clerk collects the filing fee and surcharges, unless the court approves a waiver.	MCA §§ 25-1-201, 25-10-404
3. Summons and restraining order	The clerk issues a summons with the automatic economic restraining order attached.	MCA § 40-4-126(1)
4. Service	The other spouse is served under the Montana Rules of Civil Procedure.	MCA § 40-4-105(3); M. R. Civ. P. 4
5. Response	The served spouse may file a verified response within 21 days after service.	MCA § 40-4-105(3)
6. Preliminary disclosure	Each spouse serves a preliminary declaration of disclosure within 60 days of service of the petition.	MCA § 40-4-252(1)
7. Temporary orders	Either spouse may ask for temporary support, injunctions, or an interim parenting plan.	MCA §§ 40-4-121, 40-4-213
8. Agreement or trial	The spouses settle in a written separation agreement, or the court decides after a hearing.	MCA §§ 40-4-201, 40-4-253
9. Decree	The court enters a decree of dissolution once the statutory findings are made.	MCA §§ 40-4-104, 40-4-108

Not every case uses every step. Spouses who file together skip service, and many cases never need temporary orders. The order of the steps, though, is set by statute and by the Montana Rules of Civil Procedure, which apply to dissolution cases except where the family law chapter says otherwise (MCA § 40-4-103(1)).

Before You File: Who Can File and Where

The court can enter a decree only if one spouse was domiciled in Montana, or stationed here as a member of the armed services, for 90 days before the case was filed (MCA § 40-4-104(1)(a)). The case belongs in a county where either spouse has resided during the 90 days before filing (MCA § 25-2-118(3)).

The only ground is that the marriage is irretrievably broken. The petition supports that by stating either that you have lived separate and apart for more than 180 days, or that there is serious marital discord and no reasonable prospect of reconciliation (MCA § 40-4-105(1)(c)). You do not have to be separated first if the second statement is true. Our pages on grounds for divorce and how divorce works in Montana cover the basics.

The Petition, the Fee, and the Summons

The petition is a sworn document. MCA § 40-4-105(1) lists what it must set out: facts about each spouse, the marriage, and the children, any arrangements for support, a proposed parenting plan if there are children, and the relief you are asking for. See what goes in a divorce petition.

The clerk of district court collects a statutory fee for filing a petition for dissolution, plus two smaller statewide charges. A person who cannot pay may ask the court to waive the fees. The amounts and the waiver process are on our page about filing fees and fee waivers.

On filing, the clerk issues a summons and includes with it the automatic economic restraining order. It bars both spouses from transferring or hiding marital property, changing insurance beneficiaries, and several other things, with exceptions for ordinary living expenses. It binds the filing spouse at once and the other spouse on service (MCA § 40-4-126).

Service and the 21-Day Response

If you file alone, your spouse must be served "in the manner provided by the Montana Rules of Civil Procedure" (MCA § 40-4-105(3)). You cannot hand over the papers yourself: the rule requires a sheriff or another adult who is not a party. Service by mail with a signed acknowledgment is also allowed. See serving divorce papers, and, if your spouse cannot be located, what to do when you cannot find your spouse.

The served spouse may file a verified response within 21 days after service. Our page on responding to a divorce petition explains what a response does. If no response is filed, the filing spouse can ask the court to proceed by default. Either way, a decree may not be entered until 21 days after the date of service.

Disclosures and Temporary Orders

Montana requires both spouses to lay their finances on the table. Within 60 days of service of the petition, each serves the other a preliminary declaration of disclosure listing all assets and liabilities, with an income and expense declaration (MCA § 40-4-252). A final declaration comes later, before a settlement or before trial. See financial disclosure in a Montana divorce.

Bills and children cannot wait for a decree. Either spouse may ask for temporary orders for maintenance, child support, or family support, and for temporary injunctions (MCA § 40-4-121). A parent may ask for an interim parenting plan (MCA § 40-4-213). If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

Settlement, Hearing, and Decree

The substance of a divorce is four things: parenting, child support, maintenance, and property and debt. Spouses may settle them in a written separation agreement. Its property and maintenance terms bind the court unless the court finds them unconscionable. Terms about children are always reviewed by the judge (MCA § 40-4-201(2)). A settlement agreement can be reached directly, through mediation, or through an amicable process such as our firm's Cooperative Family Law.

If the spouses do not agree, the judge decides the open issues after a hearing. In either case the court enters a decree of dissolution once it finds that the residency requirement is met, that the marriage is irretrievably broken, and that it has addressed the four subjects above to the extent it has jurisdiction (MCA § 40-4-104(1)). The decree is final when entered, subject to appeal (MCA § 40-4-108(1)).

Filing on Your Own or With Help

You may file and handle a dissolution yourself. Montana's courts publish forms, and the Court Help Program offers free legal information, though not legal advice. Our page on filing for divorce without a lawyer describes what is available. A&M Law is a Missoula family law firm that represents individual clients in divorce cases and also offers a cooperative process for spouses who want to work out the terms together.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.

Montana Divorce Guide Divorce What Goes in a Divorce Petition Filing Fees and Fee Waivers Serving Divorce Papers If You Cannot Find Your Spouse

FAQ

How to File for Divorce in Montana FAQ

Where do I file for divorce in Montana?

In a district court. The proper county is one in which you or your spouse has resided during the 90 days before filing (MCA § 25-2-118(3)). One of you must also have been domiciled in Montana, or stationed here in the armed services, for 90 days before filing (MCA § 40-4-104(1)(a)). See our page on the residency requirement.

What is the first step in filing for divorce?

Preparing and filing a verified petition for dissolution of marriage. The petition must contain the items listed in MCA § 40-4-105(1), including a proposed parenting plan if you have children. Our page on what goes in a divorce petition goes through each one.

Can my spouse and I file together?

Yes. The statute says either or both parties to the marriage may initiate the proceeding (MCA § 40-4-105(2)). Spouses who agree on everything can file a joint petition, and some qualify for summary dissolution.

How soon after filing can a divorce be final?

When one spouse files and serves the other, the court may not enter a decree until 21 days after the date of service (MCA § 40-4-105(3)). That is a minimum, not a forecast. How long a case actually takes depends on the issues, the disclosures, and the court's calendar.

Do I have to go to court to get divorced?

Not always. When the spouses have resolved everything, the court may enter a decree without a hearing on affidavits that meet the conditions in MCA § 40-4-108(4). The judge can still require a hearing for any reason the judge considers necessary.

Thinking About Filing for Divorce?

We can explain the steps, what the court will need from you, and whether an amicable process fits your situation. Call 406-830-3060 for a confidential consultation.

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