Montana divorces are filed in District Court. Montana follows equitable distribution and uses no-fault grounds focused on whether the marriage is irretrievably broken.
At least one spouse must have been a Montana resident (or stationed here on active duty) for 90 days before filing. File in the District Court for the county where either spouse lives. There is no separation requirement to begin a case.
Step 1: Choose your path and prepare forms. For uncontested cases, prepare a Petition for Dissolution, Summons, and financial disclosures. With children, add a Parenting Plan and UCCJEA details. Montana also offers Summary Dissolution for qualifying simple cases.
Step 2: File with the clerk. File at the District Court clerk. Pay the filing fee or request a fee waiver if needed. You’ll receive a case number and filed copies.
Step 3: Serve your spouse. Use personal service by sheriff or process server, or mail with acknowledgment where allowed. If your spouse cannot be located after diligent efforts, request alternate service. Keep your proof of service.
Step 4: Track deadlines and disclosures. A respondent typically has 21 days after service to answer. Exchange complete, organized financials early; some courts require parent education or mediation in parenting disputes.
Step 5: Settlement or hearing. If you settle, submit your Marital Settlement Agreement, child-related orders if applicable, and a proposed Final Decree. Otherwise, the court may schedule case management, mediation, and hearings.
Step 6: Final decree. The judge signs a Decree of Dissolution addressing property/debt division, maintenance, custody/parenting time, child support, and any name change. Obtain certified copies for records and accounts.
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Do we need to be separated before filing in Montana?
No. There is no separation requirement to file.
Which court handles divorces in Montana?
The District Court for your county.
How long does a Montana divorce take?
Uncontested cases can finalize after the response window and court review; timelines vary with disclosures, settlement, and the court’s calendar.