Summary dissolution is Montana's simplified divorce procedure for spouses who agree on everything and have limited property and debt. It is filed jointly, it requires a signed property agreement up front, and it is available only if every condition in MCA § 40-4-130 is true on the day you file. This page lists those conditions and walks through the process. It is part of our Montana Divorce Guide.
What Summary Dissolution Is
Montana calls divorce a dissolution of marriage. The regular procedure is described in how divorce works in Montana. Summary dissolution is a separate, shorter procedure set out in seven sections, MCA §§ 40-4-130 through 40-4-136. It replaces the usual petition, service, and response with one joint petition and one hearing.
The tradeoff is that it is narrow. The statute says a marriage may be dissolved this way "if all of the following conditions exist on the date the proceeding is commenced" (MCA § 40-4-130). Missing one condition means the procedure is not available.
Every Condition in MCA § 40-4-130
| Condition | What the statute requires | Subsection |
|---|---|---|
| Residency and breakdown | Each party has met the requirements of § 40-4-104 for a dissolution. | (1) |
| Agreement to divorce | Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree the marriage should be dissolved. | (2) |
| Pregnancy and children | "The wife is not pregnant," and either there are no children of the relationship (born before or during the marriage, or adopted during it), or the parties have signed an agreed parenting plan and child support and medical support have already been determined by a judicial or administrative order. | (3) |
| Real property | Neither party has any interest in real property. A lease of a residence one of them occupies is allowed if it has no option to purchase and ends within 1 year of the filing date. | (4) |
| Unsecured debt | No unpaid, unsecured obligations over $20,000 incurred by either or both parties after the date of the marriage. | (5) |
| Assets | The total fair market value of assets, excluding secured obligations, is less than $50,000. | (6) |
| Signed property agreement | The parties have signed an agreement dividing assets and assigning liabilities, and have signed any titles, bills of sale, or other transfer documents needed to carry it out. | (7) |
| Maintenance | The parties waive any right to maintenance. | (8) |
| Appeal and new trial | On entry of final judgment, the parties irrevocably waive the right to appeal the terms and to move for a new trial. | (9) |
| Brochure | The parties have read, and state that they understand, the summary dissolution brochure. | (10) |
| Both want the decree | The parties desire that the court dissolve the marriage. | (11) |
Read the money conditions carefully, because the wording is specific:
- The $50,000 figure is about assets. It is the total fair market value of assets, "excluding secured obligations." The statute does not explain how to treat an asset with a loan against it, such as a financed vehicle, so ask before assuming you are under the cap.
- The $20,000 figure is about unsecured debt incurred after the date of the marriage. Credit cards and medical bills are common examples of unsecured debt.
- Real property is a bar regardless of value. Owning any interest in a house or land, even with little equity, takes a couple out of the procedure.
Retirement accounts are not mentioned separately. The statute refers to "assets" without excluding them, so a couple should assume they count unless a lawyer advises otherwise.
The Joint Petition
The case starts when both spouses file a joint petition in district court "in the form prescribed by the court" (MCA § 40-4-131(1)). The petition must:
- be signed under oath by both parties;
- state that, as of the filing date, each condition in § 40-4-130 has been met;
- state the mailing address of both parties; and
- state whether either party wants a maiden, birth, or former name restored, and what that name is (MCA § 40-4-131(2)).
Because the petition is signed under oath, each spouse is swearing that the asset, debt, and property statements are true. Each district court must also make available a brochure, prepared by the attorney general, describing the procedure (MCA § 40-4-136). The brochure itself must say that it is in the parties' best interests to consult an attorney and that it is not a guide for self-representation.
The Hearing and Final Judgment
"After 20 days from the date of the filing of the joint petition," the court holds a hearing "at which both parties must be present" (MCA § 40-4-133). If the court determines that the conditions in § 40-4-130 exist, it enters final judgment dissolving the marriage. Entry of the judgment restores each spouse to the status of a single person and permits either to marry.
This differs from a regular agreed case, where spouses may be able to ask for a decree by affidavit without appearing (MCA § 40-4-108(4)). In a summary dissolution the statute requires both spouses at the hearing. For the regular joint route, see filing a joint petition for dissolution.
What You Give Up
The final judgment is a final adjudication of the spouses' rights and obligations as to marital status and property, and it is a waiver of the right to maintenance, the right to appeal the terms, and the right to a new trial (MCA § 40-4-134). Think about each waiver before signing:
- Maintenance. A spouse who might qualify for support under MCA § 40-4-203 gives that up. See who qualifies for maintenance.
- Appeal. If the property agreement turns out to be a bad bargain, there is no appeal of its terms.
- A closer look at the finances. The summary dissolution sections do not set out their own exchange of financial declarations. If you are not confident you have the full picture of the assets and debts, the regular procedure, with its financial disclosures, may protect you better.
Revoking the Petition or Setting Aside the Judgment
Before final judgment, either spouse may end the summary proceeding by revoking the joint petition. The revocation is made by filing a notice with the clerk of the court where the case was filed, in the form the district court prescribes, and sending a copy to the other spouse's last-known address by first-class mail, postage prepaid (MCA § 40-4-132).
After final judgment, MCA § 40-4-135 preserves two things. Either spouse may bring an action to set aside the judgment "for fraud, duress, accident, mistake, or other grounds recognized at law or in equity," or make a motion under the Montana Rules of Civil Procedure. And the court "shall set aside" the judgment on all matters except the status of the marriage if it is proved that the parties did not meet the requirements of § 40-4-130 on the date the petition was filed. An inaccurate petition can therefore unravel the property terms later.
When Summary Dissolution Is Not a Fit
If you own a home, have more than the statutory amounts, want to preserve a maintenance claim, or have children without existing support orders, the regular procedure applies. Agreeing spouses can still keep it simple with a joint petition and a written agreement. See contested vs. uncontested divorce and our uncontested divorce page.
Summary dissolution also assumes two people who can negotiate freely. If you are being pressured to sign, or you are afraid of your spouse, do not use it. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific situation.