Montana Dissolution of Marriage Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm: either party has lived in Montana for 90+ days
• Identify District Court county (where either spouse has lived for 90 days)
• Confirm sole ground: "irretrievable breakdown of the marriage"
• If children: identify court-approved parenting class (if required locally)
• Gather all financial documents: income, bank accounts, investments, real estate, retirement, debts

Phase 2 — Financial Inventory

• All real estate: fair market value, mortgage balance, marital vs. separate
• Bank and investment accounts: balances, marital vs. separate
• Retirement accounts: total balance; marital portion (contributions during marriage)
• Vehicles: values and loans
• All debts: creditor, balance, marital vs. separate
• Business interests (if any)
• Monthly income documentation for both parties

Phase 3 — Draft the Separation Agreement

• All marital real property addressed (assignment, buyout, sale; Quitclaim Deed → Montana County Clerk and Recorder)
• All marital financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; Montana DMV title transfer
• All marital debts assigned; indemnification language
• Separate property acknowledged and confirmed
• Maintenance: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per Montana Guidelines
• Both spouses sign and notarize the Separation Agreement

Phase 4 — Complete Court Forms (courts.mt.gov/Self_Help/Family_Law)

• Petition for Dissolution of Marriage (Montana self-help form)
• Summons (if individual filing; not joint)
• Separation Agreement (filed with Petition)
• Proposed Final Decree of Dissolution of Marriage
• If children: Parenting Plan; Child Support Worksheet per Montana Guidelines
• Acceptance of Service (if spouse cooperates — individual filing)

Phase 5 — File at District Court

• File Petition and Separation Agreement at District Court Clerk
• Pay $200 filing fee
• Receive case number
• If individual filing: serve Respondent (or obtain Acceptance of Service)
• If joint filing (both petitioners): both sign all documents; no service step needed

Phase 6 — No Waiting Period

• No mandatory waiting period — proceed to scheduling a final hearing immediately
• Schedule final hearing with District Court clerk

Phase 7 — Final Hearing

• Appear at hearing (brief; judge reviews Separation Agreement)
• Judge enters Final Decree of Dissolution of Marriage
• Obtain certified copies

Phase 8 — Post-Dissolution Steps

• Real estate deed: Quitclaim Deed → Montana County Clerk and Recorder (county where property is located)
• QDRO for employer retirement plans
• MPERA (Montana state employees): DRO to MPERA — mpera.mt.gov
• Vehicles: Montana DMV
• Name restoration: Montana DMV → Social Security → accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | "Dissolution of Marriage" | "Irretrievable breakdown" — only ground | 90-day residency | No waiting period | $200 fee | Separation Agreement filed with Petition | Equitable distribution | Montana County Clerk and Recorder for deed recording | courts.mt.gov/Self_Help/Family_Law

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