How to file for divorce in Montana — without a lawyer
Montana lets you handle your own divorce, and for uncontested cases it's very doable: file in the District Court, use the state's no-fault ground — irretrievable breakdown — follow the steps below, and use the official Montana forms. This page gives you the real requirements, with links to the official sources to verify each one.
Montana divorce: the key facts
Residency note: 90 days residency before filing.
Verify with the official source: Montana court self-help ↗Official forms ↗Find your court ↗
The 6 steps, start to finish
- 1
Confirm you can file in Montana
At least one spouse generally must have lived in Montana for 90 days (about 3 months) before filing. If you qualify, you'll file in the District Court — usually in the county where you or your spouse lives.
- 2
Get the official forms
Montana's own forms are free. You'll typically need the petition (Petition for Dissolution (with/without children)), a financial disclosure (Financial affidavit), and with children, the support worksheet (Montana Child Support Guidelines worksheet). CaseForward's guided interview fills in the decisions those forms ask you to make.
- 3
Complete your paperwork carefully
Incomplete or inconsistent paperwork is the #1 reason self-filed divorces get bounced. Work through each form slowly; if you and your spouse agree on everything, prepare a settlement agreement and a parenting plan to attach.
- 4
File with the court
The filing fee varies by county — call your clerk of court to confirm the exact amount. If you can't afford it, you can ask the court for a fee waiver. Many Montana courts accept electronic filing through Montana Courts eFiling.
- 5
Serve your spouse
Your spouse must formally receive the papers — usually by sheriff, private process server, or (in agreed cases) a signed waiver/acceptance of service. Keep the proof of service; the court needs it.
- 6
Wait, then finalize
Montana has a 20-day waiting period, so even a fully agreed case can't be finalized before then. In an uncontested case the judge reviews your paperwork (sometimes with a short hearing) and signs the final decree.
Do the paperwork with a guide, not from scratch
CaseForward walks you through every decision, generates your court-ready Montana documents, and shows you full previews free. One price — $99 for the complete DIY packet, or $29 for a single document. No subscription.
Child support in Montana: Melson Formula
A more detailed income-shares variant that first reserves each parent a self-support amount, then allocates the child's primary needs plus a share of the parents' improved standard of living. Used by Delaware, Hawaii, and Montana.
Montana divorce FAQ
Do I need a lawyer to get divorced in Montana?
No. Every state, including Montana, lets you represent yourself in a divorce (called appearing "pro se"). Self-representation works best for uncontested cases where you and your spouse agree on the terms. If your case involves abuse, hidden assets, or a real dispute over the children, talk to a licensed Montana attorney — many offer free consultations, and you may qualify for legal aid.
How long do I have to live in Montana before I can file for divorce?
At least one spouse generally must have lived in Montana for 90 days (about 3 months) before filing. Always verify the current rule with the court's own self-help resources before filing.
How long does an uncontested divorce take in Montana?
Montana has a 20-day waiting period, so even a fully agreed case can't be finalized before then. Uncontested cases with complete, correctly-filled paperwork are consistently the fastest.
How much does it cost to file for divorce in Montana?
The filing fee varies by county — call your clerk of court to confirm the exact amount. If you can't afford it, you can ask the court for a fee waiver. Beyond the court fee, doing the paperwork yourself is the biggest saver: preparing your own documents (free preview, $99 for the complete court-ready packet on CaseForward) instead of paying a few thousand dollars in attorney fees.
What are the grounds for divorce in Montana?
Montana accepts a no-fault ground — irretrievable breakdown. It is a pure no-fault state, so you don't need to prove any misconduct. Note: a separation period of about 180 days applies in some circumstances.
How is child support calculated in Montana?
Montana uses the Melson Formula model. A more detailed income-shares variant that first reserves each parent a self-support amount, then allocates the child's primary needs plus a share of the parents' improved standard of living. Used by Delaware, Hawaii, and Montana. You can run your numbers with CaseForward's free Montana child-support estimator, then confirm with the state's official worksheet.
Helpful Montana links & guides
Court self-help center ↗Official forms ↗E-filing (Montana Courts eFiling) ↗Find your court ↗
Free: The Uncontested Divorce Filing Checklist
The whole path on two printable pages — what to gather, decide, prepare, and file. We'll email it to you, plus a short series of practical tips (unsubscribe anytime).
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