Yes, spouses can file for divorce together in Montana. The statute says "either or both parties to the marriage may initiate the proceeding," so two spouses who agree can sign one petition as co-petitioners instead of one serving the other. This page explains how a joint petition works, what goes with it, and when the court can enter a decree without a hearing. It is part of our Montana Divorce Guide.
What a Joint Petition Is
Montana's term for divorce is dissolution of marriage. The case begins with a verified petition, and MCA § 40-4-105(2) lets either or both spouses file it. When both file, the petition is commonly called a joint petition and the spouses are co-petitioners.
A joint petition is still a regular dissolution. The court must make the same findings as in any other case: 90 days of domicile or military stationing before filing, an irretrievably broken marriage, and provision for parenting, child support, maintenance, and property (MCA § 40-4-104(1)). Because both spouses state under oath that the marriage is broken, the situation in MCA § 40-4-107(1) applies, and the court makes its finding on that basis. See how divorce works in Montana.
How It Differs From One Spouse Filing
The statute describes what happens "if a proceeding is commenced by one of the parties": the other must be served under the Montana Rules of Civil Procedure and may file a verified response within 21 days, and a decree may not be entered until 21 days after the date of service (MCA § 40-4-105(3)). Those steps are written for a one-sided filing. When both spouses sign the petition, neither is served with it, and neither is in the position of responding to the other.
Some things do not change:
- The automatic economic restraining order. The clerk issues it on the filing of a petition for dissolution (MCA § 40-4-126(1)). Spouses may jointly waive some or all of its provisions in writing.
- Financial disclosure. See below.
- The court's review of your agreement. Filing together does not make the agreement automatic.
The statutes do not prescribe a statewide joint petition form for a regular dissolution, and they do not say how a clerk handles the summons when there is no respondent. Those are matters of court forms and local practice, so check with the clerk of the district court where you will file.
What Goes With the Petition
| Document | What it does | MCA |
|---|---|---|
| Verified petition | Alleges the marriage is irretrievably broken and sets out the facts the statute lists, including residence, the date and place of the marriage, children, support arrangements, and the relief sought. | § 40-4-105(1) |
| Separation agreement | A written agreement on property, debts, maintenance, and, where there are children, support and parenting. | § 40-4-201(1) |
| Proposed parenting plan | Required in every dissolution that involves a child. Parents may submit one jointly. | §§ 40-4-105(1)(f), 40-4-234(1) |
| Child support under the guidelines | The guidelines must be used in all cases, including those in which the parents have agreed on an amount. | § 40-4-204(3)(a) |
| Financial disclosures | Final declarations of disclosure and income and expense declarations are exchanged, and each spouse files a declaration that they were served. The preliminary declaration is not filed with the court unless the court orders. | §§ 40-4-252 to 40-4-254 |
| Affidavit and proposed decree | Needed if you ask the court to enter the decree without a hearing. | § 40-4-108(4) |
Individual courts may require additional forms. The details of the petition are covered in what goes in a divorce petition, and the agreement in the marital settlement agreement.
Financial Disclosure Still Applies
Agreeing does not remove the duty to disclose. Each spouse serves a final declaration of disclosure and a current income and expense declaration, signed under penalty of perjury, before or at the time the spouses enter into an agreement resolving property or support (MCA § 40-4-253(1)). Absent good cause, the court may not enter a judgment on property rights unless each spouse has served those documents and filed a declaration saying so (MCA § 40-4-254).
The earlier, preliminary declaration can be waived by written stipulation (MCA § 40-4-252(1)). The final declaration is the one tied to the agreement. The consequences of leaving something out are serious: an undisclosed asset is presumed to be grounds for awarding it to the other spouse (MCA § 40-4-253(4)). See financial disclosure in a Montana divorce.
How the Court Reviews Your Agreement
A judge does not simply sign what spouses submit. Under MCA § 40-4-201(2), the terms of a separation agreement, "except those providing for the support, parenting, and parental contact with children," are binding on the court unless it finds the agreement unconscionable after considering the spouses' economic circumstances and other relevant evidence. If it does, the court may ask for a revised agreement or make its own orders (MCA § 40-4-201(3)).
Terms about children are reviewed differently. The parenting plan is measured against the best interest of the child (MCA § 40-4-212(1)), and child support is determined under the guidelines even when parents have agreed on a figure (MCA § 40-4-204(3)(a)). An agreed child support figure should therefore come with a guidelines calculation.
Do You Need a Hearing?
MCA § 40-4-107(1) speaks of the court making its finding on irretrievable breakdown "after hearing." A later subsection gives agreeing spouses another route. Under MCA § 40-4-108(4), the parties may request a decree without a hearing by filing joint or individual affidavits, and the court may enter the decree when:
- the affidavit shows the spouses have voluntarily resolved all matters and consent to a decree by affidavit in place of a hearing;
- the jurisdictional requirements of § 40-4-104 exist;
- the spouses have complied with the financial disclosure provisions;
- a separation agreement covering property, debts, maintenance, and support and parenting of any minor children has been filed;
- the affidavit includes a proposed decree; and
- the spouse filing the affidavit waives the right to appear and testify.
The court keeps discretion. "Regardless of compliance" with those requirements, it "may require a hearing for any reason the court considers necessary" (MCA § 40-4-108(4)(c)). Whether a particular judge routinely grants decrees by affidavit is a matter of local practice.
When Filing Jointly Makes Sense
A joint petition fits spouses who have already worked out the terms, or who can work them out with help. A&M Law is a Missoula family law firm that offers Cooperative Family Law, in which the firm serves as a neutral for both spouses, who meet together. The firm represents the process rather than either spouse, and each spouse remains free to consult their own lawyer. See also agreeing on everything before you file.
Filing jointly is not right when one spouse is being pressured, when you doubt the financial information you have been given, or when there has been abuse. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. See when agreement is not safe or possible.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific situation.