MT

How to File for Divorce in Montana Without a Lawyer

Complete step-by-step guide to filing for divorce in Montana without an attorney. Save thousands in legal fees.

Overview: Filing for Divorce in Montana Without a Lawyer

Montana requires 90 days residency with a 20-day waiting period. The state is pure no-fault using equitable distribution. DIY divorce is feasible with straightforward procedures.

Can You File Without a Lawyer in Montana?

✓ Good Candidates for DIY Divorce:

  • Both agree to divorce
  • No minor children or agreement on parenting
  • Agreement on property division
  • No spousal support disputes
  • Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

  • Child custody or parenting disputes
  • Complex property division
  • Significant marital assets
  • Retirement accounts
  • Spouse contests

Find Montana Divorce Lawyers →

Step-by-Step: How to File for Divorce in Montana

Step 1

Meet 90-Day Residency

Either spouse must have lived in Montana for 90 days before filing.

⏱ Estimated Time: N/A
💡 Tips:
  • Montana driver's license
  • Voter registration
  • Utility bills
Step 2

Complete Petition for Dissolution

Fill out Petition for Dissolution of Marriage.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $200-250
  • State irretrievable breakdown
  • Use Montana court forms
Step 3

File with District Court

Submit petition to district court in your county.

⏱ Estimated Time: 1 day
💡 Tips:
  • Bring original + copies
  • Pay filing fee
  • Get case number
Step 4

Serve Your Spouse

Have spouse served by authorized person.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Cannot serve yourself
  • Sheriff or process server
  • Spouse can accept service
Step 5

Wait 20 Days

Montana requires 20-day waiting period from service.

⏱ Estimated Time: 20 days
💡 Tips:
  • One of shortest waits
  • Prepare settlement
Step 6

Exchange Financial Information

Both complete financial affidavits.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Required disclosure
  • List all assets/debts
Step 7

Draft Marital Settlement Agreement

Create comprehensive settlement agreement.

⏱ Estimated Time: 4-6 hours
💡 Tips:
  • Address all marital property
  • Include parenting plan if children
  • Both must sign
Step 8

Submit Final Documents

File settlement and proposed decree.

⏱ Estimated Time: 2 hours
💡 Tips:
  • May need brief hearing
  • Some cases on papers only
Step 9

Receive Decree

Court issues Decree of Dissolution.

⏱ Estimated Time: 1-3 weeks
💡 Tips:
  • Request certified copies
  • Effective immediately

Required Forms for Montana Divorce

Petition for Dissolution (Varies)

Required
📄 Download Form

Financial Affidavit (Varies)

Required

Marital Settlement Agreement (Custom)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Montana DIY Divorce

💰 DIY Divorce

$250-350
  • Filing fee: $200-250
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$3,500-16,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View Montana Divorce Costs →

Common Pitfalls to Avoid

1

Not meeting 90-day residency

2

Missing 20-day wait

3

Incomplete financial disclosures

4

Not addressing all property

Frequently Asked Questions About Montana DIY Divorce

Is Montana a no-fault divorce state?

Yes, Montana is a pure no-fault state. You only need to state that the marriage is irretrievably broken.

How long is Montana's waiting period?

Montana has a short 20-day waiting period from service, one of the shortest in the nation.

Can I file for divorce without a lawyer in Montana?

Yes, Montana provides forms and allows self-representation for uncontested dissolutions.

Need Professional Help?

While DIY divorce can save money in Montana, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find Montana Divorce Lawyers Questions to Ask a Lawyer