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Divorce in Montana: forms, cost, and how to file

A plain-English overview of getting an uncontested divorce in Montana — the residency rule, the no-fault ground, the filing fee, and the official forms — from LawCat, a free service built by attorneys.

Official Montana court forms →

Montana divorce at a glance

Residency requirement
One spouse must have been domiciled in Montana for 90 days.
No-fault ground
Irretrievable breakdown — shown by 180+ days living apart or serious marital discord; a joint petition avoids service.
Where you file
The District Court, in the county where you or your spouse lives
Filing fee
About $250 for a dissolution. File a Statement of Inability to Pay Court Costs and Fees.
Timeline
No fixed post-filing wait for a joint petition; timing depends on the court.
Child support
A Melson-formula variant using the CSSD worksheets. (ARM 37.62)
E-filing (self-represented)
Montana publishes official statewide joint- and single-petition dissolution packets.
County differences
Low. Statewide Judicial Branch packets are available for joint and single dissolutions, with and without children.

Official source: Montana court forms & self-help. Always confirm current forms and fees with the court before filing.

How to file for divorce in Montana: step by step

Montana’s joint dissolution lets agreed couples avoid service. Here is the path to a Decree of Dissolution of Marriage.

  1. Confirm you can file in Montana
    One spouse must have been domiciled in Montana for 90 days. Montana is no-fault (irretrievable breakdown); a joint petition avoids service.Source: Mont. Code § 40-4-104
  2. Generate the official packet
    Use Montana’s official statewide joint (or single) dissolution packet — with or without children.Source: Montana Judicial Branch dissolution packets
  3. File with the District Court
    File with the District Court and pay about $250, or file a Statement of Inability to Pay Court Costs and Fees.Source: Statement of Inability to Pay
  4. Both sign (no service) or serve
    In a joint petition both spouses sign, so no service is needed; a one-sided petition must be served.Source: Mont. Code § 40-4-105
  5. Complete the support worksheet (if children)
    If you have children, complete the Montana CSSD child-support worksheets.Source: ARM 37.62
  6. Get your decree
    The court enters the Decree of Dissolution of Marriage.Source: Decree of Dissolution

What does filing “pro se” (without a lawyer) mean in Montana?

Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. In Montana you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.

Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.

LawCat prepares your Montana pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.

How child support is calculated in Montana

A Melson-formula variant using the CSSD worksheets. (ARM 37.62)

Because Montana uses an income-shares approach, the exact number comes from an official table based on both parents’ combined income. Use your court’s official child-support calculator for a precise figure.

How long does a Montana divorce take?

No fixed post-filing wait for a joint petition; timing depends on the court. After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.

Common reasons Montana divorce filings get rejected

LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.

Coming soon

Montana document generation is on the way

LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to Montana. In the meantime, the official Montana court forms are linked below.

Official Montana forms → See how it works

Why LawCat is free

Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.

Compare divorce filing fees in every state →

Montana divorce FAQ

Do I need a lawyer to get divorced in Montana?

No. Montana allows you to file for divorce yourself (pro se). LawCat prepares your Montana divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.

How long do I have to live in Montana to file for divorce?

90 days

How much does it cost to file for divorce in Montana?

$250 for dissolution ($200 filing + $50 judgment fee) per May 2024 clerk fee schedule (courts.mt.gov/External/dcourt/docs/feeschedule.pdf). Fee waiver: Statement of Inability to Pay Court Costs and Fees (docx form; ~125% FPL standard). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.

This page is general information about Montana’s court process, not legal advice for your situation, and LawCat is not a law firm. Forms and fees change — verify with the official court source above. Reviewed 2026.