Montana Dissolution Forms — Complete Guide (2026)

Montana District Court dissolution forms are available at: courts.mt.gov/Self_Help/Family_Law


Where to Get Montana Dissolution Forms

Montana Courts Self-Help: courts.mt.gov/Self_Help/Family_Law — official forms and step-by-step instructions.

District Court Clerk: In-person assistance; some counties provide local supplement forms.

Montana Legal Services Association: montanalegal.org — free legal help for qualifying individuals.


Core Forms — Agreed Dissolution

FormPurpose
Petition for Dissolution of MarriageFiled by Petitioner (or jointly); alleges irretrievable breakdown
SummonsServed on Respondent (individual filing only)
Acceptance of ServiceRespondent waives formal service (individual filing)
Separation AgreementAll property, debts, maintenance, and custody — filed with Petition
Final Decree of Dissolution of MarriageJudge's final order
If children: Parenting PlanRequired; comprehensive
If children: Child Support WorksheetMontana Guidelines calculation

Separation Agreement — What It Must Cover

Marital Real Property:

  • Legal description; agreed FMV; mortgage balance; marital equity
  • Assignment: who keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → Montana County Clerk and Recorder) or sale (proceeds split; timeline)

Marital Financial Accounts:

  • Institution, type, balance; assignment and transfer

Retirement Accounts:

  • QDRO for employer plans (marital portion from date of marriage to date of separation)
  • IRA: transfer incident to dissolution (Decree language; direct rollover)
  • MPERA (Montana state employees): DRO submitted to MPERA (mpera.mt.gov) after Final Decree

Vehicles: Assignment; loan assumption; Montana DMV title transfer

Marital Debts: Creditor, balance, who assumes, indemnification language

Separate Property Acknowledgment: Each spouse's separate property listed; confirmed as remaining with that spouse

Maintenance: Award with amount, duration, payment mechanism, and termination events — or explicit waiver: "Each party waives any and all claims for maintenance, now and forever."

If Children:

  • Legal custody and physical custody designations
  • Comprehensive Parenting Plan
  • Child support per Montana Child Support Guidelines

Montana Child Support Guidelines

Montana uses an income shares model (MCA § 40-5-209):

  1. Determine both parents' gross monthly income
  2. Apply standard deductions
  3. Use Montana Child Support Schedule
  4. Allocate proportionally between parents by income share
  5. Adjust for health insurance, childcare, and parenting time

Duration: Montana child support ends when the child turns 18 or graduates from high school (whichever is later, not to exceed age 19).

Forms and worksheets: courts.mt.gov/Self_Help/Family_Law


Maintenance — Montana Factors (MCA § 40-4-203)

Montana courts may award maintenance when one spouse lacks sufficient property and cannot support themselves. Factors:

  • Financial resources of the spouse seeking maintenance
  • Time needed to acquire education or training
  • Standard of living established during the marriage
  • Duration of the marriage
  • Age and physical/emotional condition of the spouse seeking maintenance
  • Ability of the paying spouse to meet own needs while paying maintenance

No fixed formula. Entirely court discretion.


Last reviewed: March 2026 | courts.mt.gov/Self_Help/Family_Law | "Dissolution of Marriage" | "Irretrievable breakdown" — only ground | Separation Agreement filed with Petition | Equitable distribution (MCA § 40-4-202) | Maintenance: MCA § 40-4-203 | Child support: MCA § 40-5-209 | QDRO for employer plans | MPERA DRO | County Clerk and Recorder for deed recording

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

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