How to File for Divorce in Montana Without a Lawyer (Step-by-Step Guide)

Filing for divorce in Montana without a lawyer is possible when both spouses agree on major issues. Montana calls divorce a Dissolution of Marriage and has no mandatory waiting period for uncontested cases. The filing fee is approximately $200. This guide explains every step of the DIY divorce process in Montana.

How to File Divorce in Montana Without a Lawyer (Step-by-Step Guide)

Who qualifies for a divorce without a lawyer in Montana?

You may be able to file for divorce without a lawyer in Montana if both spouses agree on all major issues. Montana requires that the marriage be irretrievably broken and that spouses have lived separately for at least 180 days before filing, or that there is serious marital discord.

Both spouses agree on all terms of the divorce
The marriage is irretrievably broken
There is no history of domestic violence or coercion
Both spouses are willing to cooperate and sign documents

Montana residency requirement

At least one spouse must have been a resident of Montana for a minimum of 90 days before filing for dissolution of marriage. You must file in the District Court of the county where either spouse lives.

Montana divorce waiting period

Montana has no mandatory waiting period after filing before the divorce can be finalized. However Montana does require evidence that the marriage is irretrievably broken — either through 180 days of separation or serious marital discord. Most uncontested divorces in Montana are finalized within 2–4 months after filing depending on court scheduling.

Step-by-step divorce process in Montana

Step 1 — Download Montana divorce forms
Montana divorce forms are available from the Montana Courts website at courts.mt.gov. Montana provides free self-help forms and instructions for uncontested dissolution cases.

Step 2 — File at your county District Court
File your completed Petition for Dissolution of Marriage at the District Court clerk’s office in your county. The filing fee is approximately $200 in most Montana counties. Yellowstone County (Billings) and Cascade County (Great Falls) may have slightly different fees.

Step 3 — Serve your spouse
After filing, your spouse must be formally served with the Petition and Summons. If your spouse agrees to cooperate, they can sign an Acceptance of Service. Otherwise use the county sheriff or a process server. Your spouse has 21 days to respond after being served.

Step 4 — Complete financial disclosure
Montana requires both spouses to complete a Financial Affidavit listing all income, expenses, assets, and debts. This is required even for uncontested cases and must be filed with the court.

Step 5 — Submit final documents
After all documents are signed and filed, submit your Separation Agreement and proposed Decree of Dissolution to the court. For uncontested cases in Montana, you typically do not need to appear in court — the judge reviews the paperwork and signs the decree.

Required forms for divorce in Montana

Petition for Dissolution of Marriage
Summons
Acceptance of Service or Proof of Service
Financial Affidavit (both spouses)
Separation Agreement signed by both spouses
Decree of Dissolution of Marriage
If children are involved: Parenting Plan and Child Support Guidelines Worksheet

All forms are available free at courts.mt.gov.

How much does a divorce cost in Montana?

The court filing fee in Montana is approximately $200 in most counties. For a DIY uncontested dissolution, your total cost is typically $200–$350. Attorney fees for an uncontested divorce in Montana typically range from $1,000 to $3,000. Contested divorces with attorneys can cost $10,000–$25,000 or more.

How long does a divorce take in Montana?

Montana has no mandatory waiting period so the timeline depends on court scheduling. Most uncontested DIY divorces in Montana are finalized in 2–4 months. Contested divorces typically take 12–18 months or longer.

Frequently asked questions — Montana divorce

Is Montana a no-fault divorce state?

Yes. Montana is a pure no-fault divorce state. The only ground for dissolution of marriage in Montana is that the marriage is irretrievably broken. You do not need to prove wrongdoing by either spouse.

Is Montana an equitable distribution state?

Yes. Montana is an equitable distribution state. Marital property is divided fairly but not necessarily equally, based on factors such as each spouse’s contributions to the marriage, economic circumstances, and the length of the marriage.

Do I need to appear in court for a divorce in Montana?

For an uncontested dissolution in Montana where both spouses have signed all required documents, you typically do not need to appear in court. The judge reviews the paperwork and signs the Decree of Dissolution without requiring a hearing.

Can I file for divorce in Montana without my spouse’s cooperation?

Yes. You can file a contested dissolution in Montana without your spouse’s agreement. Your spouse must be formally served and has 21 days to respond. If they do not respond, you may proceed with a default divorce.

What if I cannot afford the Montana divorce filing fee?

If you cannot afford the filing fee, you can apply for a fee waiver by filing an Affidavit of Poverty with the court. If your income qualifies, the court may waive the filing fee entirely.

Divorce guides in other states

Divorce laws vary significantly by state. Select your state below to find the complete guide.

Legal disclaimer

The information on this page is for general educational purposes only and does not constitute legal advice. Divorce laws in Montana vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in Montana.