When you decide to file for divorce in Montana, understanding which Montana divorce forms you need is essential to starting the process correctly. Montana provides standardized forms for dissolution of marriage, making it possible for many people to handle their own divorce without hiring an attorney.
Montana Dissolution Forms
In Montana, divorce is legally called "dissolution of marriage." The Montana divorce forms you'll use depend on whether you have minor children and whether your divorce is contested or uncontested.
Uncontested Divorce
Both spouses agree on all issues, including property division, child custody, and child support. Uncontested divorces typically require fewer court appearances and can be completed more quickly.
Contested Divorce
Spouses disagree on one or more issues. These divorces require additional forms and court hearings where a judge makes final decisions.
Forms for Divorces With and Without Children
Montana divorce forms differ significantly depending on whether you have minor children. Divorces involving children under 18 require additional form,s including a parenting plan and child support calculations.
Essential Montana Divorce Forms
Here are the core Montana divorce forms you'll need when you file for divorce:
Petition for Dissolution of Marriage (MP 113)
This is the main form to start your divorce. The Petition for Dissolution tells the court you want to end your marriage. It includes basic information about you, your spouse, your marriage, and what you're asking the court to do.
In the petition, you state that your marriage is "irretrievably broken," which is Montana's legal ground for divorce. You also outline how you want property divided, whether you're seeking spousal maintenance, and custody arrangements if you have minor children.
Summons and Automatic Economic Restraining Order (MP 400)
When you file for divorce, the court automatically issues this summons along with an economic restraining order. This order prevents both spouses from hiding assets, canceling insurance, or making major financial changes while the divorce is pending.
The summons notifies your spouse that you've filed for divorce and explains their right to respond within 21 days.
Proposed Parenting Plan (MP 300)
If you have minor children, Montana divorce forms must include a parenting plan. This detailed document outlines where children will live, how parenting time is divided between parents, who makes major decisions about the children, and how parents will handle disputes.
Montana uses the term "parenting time" instead of custody or visitation. The parenting plan includes a residential schedule showing exactly when children stay with each parent, holidays and vacation time, transportation arrangements, and decision-making authority for medical care, education, and religious upbringing.
Description of Existing Medical Coverage (MP 300 G)
This form is required when you have minor children. It describes current health insurance coverage for the children and how medical expenses will be handled going forward.
Proposed Property Distribution (MP 500)
This form lists all marital property and debts and proposes how they should be divided. You'll include real property like homes and land, personal property like vehicles and furniture, financial accounts, retirement accounts, and all debts including mortgages, car loans, and credit cards.
Montana requires "equitable distribution," meaning fair but not necessarily equal division of property.
Disclosure of Income and Expenses (MP 510)
Both spouses must complete this financial disclosure form. It details your income from all sources, monthly expenses, assets, and debts. This form helps determine child support, spousal maintenance, and property division.
Unlike other forms filed with the court, you only serve the Disclosure of Income and Expenses on your spouse. You don't file it with the clerk of district court unless the court specifically requests it.
Affidavit for Entry of Decree Without Hearing
In uncontested divorces, this form allows the court to grant your divorce without requiring you to appear at a hearing. Both spouses sign the affidavit confirming they agree to all terms.
Final Decree of Dissolution
This is the court's final order ending your marriage. It incorporates all agreements or decisions about property, child support, and parenting. Once the judge signs the decree, your marriage is legally dissolved.
Additional Montana Divorce Forms You May Need
Depending on your situation, you might need these additional forms:
Child Support Guidelines Worksheet
Montana requires this worksheet when you have minor children. Even if you're not requesting child support from your spouse, you must complete this form showing the calculation. The worksheet follows Montana's income shares model for calculating child support amounts.
Statement of Inability to Pay Court Costs and Fees
If you cannot afford the filing fees, you can request a fee waiver using this form. The court reviews your financial situation and may waive fees temporarily or permanently.
Request for Sheriff to Serve Documents (MP 401)
When you need the sheriff to serve divorce papers on your spouse, you complete this form and provide it along with copies of your documents.
Notice and Acknowledgment of Service (MP 403.1 and MP 403.2)
If your spouse cooperates, they can sign an acknowledgment that they received the divorce papers. This avoids the need for formal service by the sheriff.
Request for Order Granting Service by Publication (MP 402.1, MP 402.2, MP 402.3)
When you cannot locate your spouse despite good faith efforts, you can ask the court for permission to serve them through newspaper publication. This requires several additional forms.
Answer to Petition for Dissolution
If you're the spouse who receives divorce papers, you file an Answer within 21 days explaining your response to the petition. The Answer lets you agree or disagree with what your spouse requested.
Financial Affidavits
These detailed forms provide complete information about your finances, including income, expenses, assets, and debts. They're essential for determining child support and spousal maintenance.
Where to Get Montana Divorce Forms
Montana divorce forms are available free from several sources:
Montana Judicial Branch Website
The official source is courts.mt.gov/forms. The Montana Judicial Branch provides complete divorce packets including all necessary forms with instructions. Forms are organized by situation such as dissolution without children, dissolution with children, and joint dissolution.
Montana Legal Services Association
The Montana Legal Services Association website at montanalawhelp.org offers free forms and comprehensive guides for people representing themselves. They provide step-by-step instructions for completing Montana divorce forms.
County Clerk of District Court Offices
You can visit your local clerk of district court office to obtain paper copies of forms. Staff can tell you which forms you need but cannot provide legal advice about how to complete them.
Self-Help Law Centers
Some Montana counties have self-help law centers where you can access forms and get basic assistance. For example, Gallatin County has a Self Help Law Center at the Gallatin County Justice Center in Bozeman.
How to Complete Montana Divorce Forms
Follow these guidelines when completing your Montana divorce forms:
Use Current Forms
Make sure you're using the most current version of forms from the Montana Judicial Branch website. Outdated forms may not be accepted by the court.
Type or Print Clearly
Complete forms using a computer or print very clearly in black ink. Illegible forms may be rejected.
Provide Complete Information
Fill in every required field. If something doesn't apply to you, write "N/A" rather than leaving it blank. This shows you didn't accidentally skip the question.
Be Honest and Accurate
Provide truthful information on all Montana divorce forms. False statements can result in serious consequences including contempt of court charges.
Make Copies
Before filing, make at least three copies of every form. The clerk keeps the original, you keep one copy, and you serve one copy on your spouse. Keep an extra copy for your records.
Sign Where Required
Sign and date forms where indicated. Don't sign forms that require notarization until you're in front of a notary.
Filing Your Montana Divorce Forms
Once you've completed your forms, follow these steps:
Determine the Correct Court
File for divorce in the district court in the county where you or your spouse lives, where either of you owns property, or where your children live or attend school.
Pay Filing Fees
The filing fee for dissolution of marriage is typically $200, plus a $50 judgment fee, totaling $250. Fees vary slightly by county. If you have only a parenting plan case without divorce, the fee is usually $170.
You can pay with cash, check, money order, credit card, or debit card payable to "Clerk of District Court."
Submit Your Forms
Take your original forms and copies to the clerk of district court. The clerk will stamp your documents with the filing date and case number, keep the original, and return copies to you.
Serve Your Spouse
After filing, you must serve copies of the Montana divorce forms on your spouse. The first set of documents must be personally served - delivered by someone other than you. Common service methods include sheriff's service, private process server, or notice and acknowledgment if your spouse cooperates.
After personal service of the initial documents, you can serve additional documents by mail.
Special Considerations for Divorces With Minor Children
When you file for divorce with minor children, Montana divorce forms have additional requirements:
Child Support Services Division Notification
If your children receive Medicaid, TANF, or SNAP benefits, or if you have an existing child support case, you must notify the Child Support Services Division (CSSD) when you file for divorce.
Send copies of your Petition for Dissolution, Proposed Parenting Plan, and Description of Existing Medical Coverage along with Notice and Acknowledgement to CSSD (MP 404) to your local CSSD office.
Required Child Support Worksheet
Even if you and your spouse agree that no child support will be paid, you must complete the Child Support Guidelines Worksheet showing the calculation. This ensures the court verifies that children's needs are met.
Detailed Parenting Plans
Your parenting plan must be thorough and specific. Vague arrangements like "reasonable visitation" aren't acceptable. The plan needs exact schedules, holiday rotations, vacation procedures, and clear decision-making guidelines.
Timeline for Montana Divorce
After you file your Montana divorce forms, Montana law requires a minimum 21-day waiting period before the court can grant your final decree. This waiting period starts from the date your spouse is served or, in joint petitions, from the filing date.
Uncontested divorces typically take 2-4 months from filing to final decree. Contested divorces can take 6-12 months or longer depending on the complexity of issues and court schedules.
Getting Help With Montana Divorce Forms
While many people successfully complete Montana divorce forms on their own, you can get help if needed:
Limited Scope Representation
Some attorneys offer limited scope services where they review your forms or help with specific parts of your case for a reduced fee.
Legal Aid Organizations
Montana Legal Services Association provides free legal help to qualifying low-income Montana residents. They can assist with completing forms and understanding the process.
Family Law Facilitators
Some counties employ family law facilitators who can answer procedural questions about completing and filing forms, though they cannot provide legal advice.
Mediation Services
Montana Legal Services Association offers the Montana Family Transition Project, a free divorce and parenting mediation resource. Call 406-543-8343 for information.
Moving Forward
Montana divorce forms provide a structured process for ending your marriage. Whether you're filing an uncontested divorce without children or navigating a complex case with a parenting plan and child support, understanding which forms you need and how to complete them properly is essential.
The Montana Judicial Branch and Montana Legal Services Association provide free Montana divorce forms and helpful instructions. While the process can seem overwhelming, thousands of Montana residents successfully file for divorce each year using these standardized forms.
If you're unsure about any aspect of completing your Montana divorce forms, consider consulting with an attorney for limited scope assistance or contacting the Montana Legal Services Association for guidance. Taking time to complete forms correctly saves time and prevents delays in finalizing your divorce.