How to File for Dissolution of Marriage in Montana Without a Lawyer (2026)

Montana's approach to ending a marriage is distinctive in several important ways — it is a no-fault only state, the official term is "Dissolution of Marriage" (not divorce), and there is no mandatory waiting period after filing.

"Dissolution of Marriage" — not "divorce": Montana law uses the term "Dissolution of Marriage" exclusively. Documents, court files, and the Final Decree will all reference dissolution. Use this term throughout your paperwork.

No-fault only — "irretrievable breakdown" is the only ground: Montana does not allow fault-based divorce. "Irretrievable breakdown of the marriage" is the sole ground. No misconduct or wrongdoing can be alleged.

No waiting period: Montana imposes no mandatory waiting period after filing. The dissolution can be finalized as soon as the court processes the paperwork and schedules a hearing.

90-day residency: Either you or your spouse must have lived in Montana for at least 90 days before filing.

Separation Agreement: Montana uses a Separation Agreement — filed with the Petition — to address all property, debts, maintenance, and parenting matters.

Disclaimer: General legal information only. Not legal advice. Consult a licensed Montana attorney for your specific situation.

Montana Dissolution at a Glance

No-Fault Only — What This Means

Montana is one of a small number of states that only allows no-fault dissolution. You cannot allege adultery, cruelty, desertion, or any other fault ground — even if such conduct occurred. The only ground is "irretrievable breakdown of the marriage."

This means:

• You cannot use a spouse's misconduct to obtain the dissolution
• Fault is generally not relevant to property division or maintenance (though courts may consider certain conduct in limited circumstances)
• The focus is entirely on moving forward equitably

Separation Agreement — Filed With the Petition

Montana couples typically file a Separation Agreement together with the Petition for Dissolution. This agreement addresses:

• Division of all marital property
• Allocation of all marital debts
• Spousal maintenance (amount, duration, terms)
• Parenting Plan and child support (if children)

The court reviews the Separation Agreement for basic fairness and incorporates it into the Final Decree.

Step-by-Step Overview

Step 1 — Confirm 90-Day Residency

Either you or your spouse has lived in Montana for 90+ days.

Step 2 — Identify the County

File at the District Court in the county where either spouse has lived for 90 days.

Step 3 — Inventory Marital Property

Montana uses equitable distribution. Gather all financial documentation.

Step 4 — Draft the Separation Agreement

Address all property, debts, maintenance, and (if children) parenting matters. Both parties sign and notarize.

Step 5 — File at District Court

File the Petition for Dissolution and Separation Agreement. Pay $200.

Step 6 — Serve the Respondent (or Joint Filing)

Serve the Respondent — or, if filing jointly, both petitioners sign all documents.

Step 7 — No Waiting Period

No mandatory delay. Schedule the final hearing.

Step 8 — Final Hearing

Judge reviews Separation Agreement. If approved, Final Decree of Dissolution entered.

Step 9 — Post-Dissolution Steps

Record deeds at Montana County Clerk and Recorder. QDRO for retirement plans. Update titles, accounts, beneficiaries.

Last reviewed: March 2026 | "Dissolution of Marriage" | "Irretrievable breakdown" — no-fault ONLY | 90-day residency | No waiting period | $200 fee | Separation Agreement filed with Petition | Equitable distribution | Maintenance: court discretion | Montana Child Support Guidelines | courts.mt.gov/Self_Help/Family_Law

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.