An uncontested divorce in Montana is a dissolution of marriage where you and your spouse already agree on everything a judge would otherwise decide — ending the marriage, dividing property and debt, spousal maintenance, and any parenting and child support. When you agree, you can file together as co-petitioners, skip formal service, and usually finish with one short hearing. Montana publishes the forms for free.
TL;DR — Montana uncontested divorce in 60 seconds
- Who qualifies: at least one spouse has been domiciled in Montana (or stationed here in the armed services) for the 90 days before filing, and you both agree the marriage is irretrievably broken and agree on the terms.
- The forms changed in 2026. Agreeing couples now file the MP-121 packet (with minor children) or the MP-122 packet (no minor children). The older Montana Joint Dissolution forms MP-115 and MP-116, plus MP-300, MP-500, MP-510, MP-701, and MP-730, are no longer the joint forms.
- Where: the Clerk of District Court in the county where you, your spouse, or (with children) your children live.
- File together: petition + property proposal (MP-521) + hearing request + proposed orders + the decree shell, in one packet. You exchange the income-and-expense disclosure (MP-520) with your spouse but do not file it unless the court orders it.
- Timeline: no statutory waiting period on a joint dissolution. The current instructions say you should get a scheduling order within 120 days of filing; the rest depends on the court’s calendar.
- Cost: $200 to commence the case + $50 to enter judgment, plus small charges for certified copies. A fee waiver (MP-001) is available.
- The “20-day waiting period” people search for applies only to summary dissolution, a separate procedure with strict limits. See section 7.
Full form map in section 3. Costs in section 8. Looking for a “Declaration of Assets and Debts”? Montana doesn’t use that name.
This guide walks through who qualifies, exactly which MP-Series forms go in your 2026 packet, what the judge reviews, what it costs, and the specific mistakes that send self-filed cases back to the end of the line. It reflects Montana law and the Montana Judicial Branch dissolution packets as of September 2026.

1. What Counts as an Uncontested Divorce in Montana?
Montana law doesn’t use the phrase “uncontested divorce.” What people mean by it is a dissolution of marriage where nobody fights, because you and your spouse have already settled every issue the judge would otherwise decide:
- Ending the marriage. Montana is no-fault; the legal ground is an irretrievable breakdown.
- Property and debt. Who keeps the house, the vehicles, and the accounts, and who pays which balances.
- Maintenance. Montana’s term for spousal support or alimony, including agreeing that neither spouse pays any.
- Children, if you have them. A written parenting plan plus child support calculated under Montana’s guidelines.
When you agree on all of that, Montana lets you file as co-petitioners on a single joint petition instead of one spouse suing the other. Under Montana Code Annotated § 40-4-105, “either or both parties” may start a dissolution. The joint route is the cheapest and fastest because nobody has to be served with a summons and no one waits out a response deadline.
Three paths, briefly
| Path | Best for | Starting form (2026) |
|---|---|---|
| Joint dissolution | You agree on everything and will both sign | MP-121 (children) or MP-122 (no children) |
| Sole filing | You agree in principle but your spouse won’t co-sign, or you can’t file together | MP-112 (no children) or MP-113 (children) |
| Summary dissolution | Short marriage, no real estate, small estate, both waive maintenance | See section 6 |
A sole filing can still be uncontested. If your spouse signs an acknowledgment of service and simply doesn’t file a response, the case ends without a fight. It is a genuinely different process, though: you serve the other spouse, wait out a 21-day response window, and use a separate form packet (the older MP-112/MP-113 series, which Montana kept for sole filings). Expect it to take longer and cost a little more.
2. Do You Qualify? Residency, Grounds, and Fit
2.1 The 90-day residency rule
Under MCA § 40-4-104(1)(a), at least one spouse must have been domiciled in Montana for the 90 days immediately before filing. An active-duty service member stationed in Montana for 90 days meets the same test even if their legal domicile is elsewhere.
This is jurisdictional: a Montana judge cannot dissolve your marriage without it. Which county? The current joint-with-children instructions let you file where you, your spouse, or your children live. The joint-without-children instructions say where you or your spouse lives.
2.2 Grounds: proving the marriage is irretrievably broken
Montana is a no-fault state. You never have to prove adultery or cruelty. But “irretrievably broken” isn’t a phrase you just write down. Under MCA § 40-4-104(1)(b), the court’s finding has to be supported by evidence of one of two things:
- You have lived separate and apart for more than 180 days before the case was filed; or
- There is serious marital discord that adversely affects one or both spouses’ attitude toward the marriage.
You only need one. Your verified petition alleges serious marital discord “with no reasonable prospect of reconciliation” (that phrasing comes from the petition rule, MCA § 40-4-105), and the judge will likely ask you about it at the hearing. Couples who are still under the same roof use the discord option; that’s exactly what it’s there for. The 180-day separation is an alternative way to prove the point, not a required waiting period.
2.3 Signs the joint track fits
- You both want the divorce, or at least both accept it’s happening.
- You can sit down together, exchange honest financial information, and complete the MP-520 disclosure and the MP-521 property proposal.
- You’ve settled property, debt, and maintenance without a mediator or a fight.
- If you have kids, you agree on a schedule specific enough to write into MP-320.
- Both of you will sign the petition and show up to one hearing.
2.4 Red flags: talk to a lawyer first
- Domestic violence, threats, stalking, or any safety concern
- You suspect hidden assets or unreported income
- A serious power imbalance, where one spouse controlled all the money or all the information
- A business, a ranch, multiple properties, or a pension that needs a QDRO to divide
- Disagreement about parenting, or one parent planning to move out of state
- Immigration status, tax debt, or a pending bankruptcy tied to the marriage
If you feel pressured to sign something you don’t understand, stop and get advice. A consultation is far cheaper than reopening a decree later, and some terms, particularly property division, are very hard to undo.
3. The Current Montana Joint Dissolution Forms (2026)
In 2026 the Montana Judicial Branch and Montana Legal Services Association rebuilt the joint dissolution packets. If you’re working from an older guide, the form numbers won’t match. Montana publishes every current form free on the Judicial Branch’s dissolution forms pages at courts.mt.gov, along with plain-English filing instructions (the sheets labeled MP-21 for cases with children and MP-22 for cases without). Here’s the whole 2026 map.
| Form | What it does | No children | With children |
|---|---|---|---|
| MP-121 | Joint Petition for Dissolution with Minor Children | — | File |
| MP-122 | Joint Petition for Dissolution (no minor children) | File | — |
| MP-521 | Joint Proposed Property Distribution (your asset/debt split) | File | File |
| MP-520 | Joint Disclosure of Income and Expenses | Exchange only | Exchange only |
| MP-320 | Joint Proposed Parenting Plan | — | File |
| MP-121.1 / MP-122.1 | Request for a Final Hearing (with / without children) | File | File |
| MP-121.2 / MP-122.2 | Court Order for Final Hearing — you fill in only the header | File | File |
| MP-721 / MP-722 | Decree of Joint Dissolution — you fill in only the header (no-children: also the maintenance and previous-name sections); the court completes the rest | File | File |
| MP-704 | Notice of Entry of Decree | File | File |
| MP-130 | Consent to Entry of Decree — notarized, only if one spouse can’t attend | If needed | If needed |
| MP-430 | Notice and Acknowledgement to CSSD | — | If a CSSD case applies |
| MP-001 | Statement of Inability to Pay Court Costs and Fees (fee waiver) | Optional | Optional |
| MP-140 | Sensitive Data Form (no-children packet) | File | — |
| — | State Case Registry and Vital Statistics Reporting Form (DPHHS) | Include | Include |
Filing alone instead? The sole-filing track still uses the older numbers: MP-112 or MP-113 for the petition, MP-400 (Summons and Automatic Economic Restraining Order), the matching acknowledgment-of-service form if your spouse will sign for it, and MP-300, MP-500, and MP-510 for the parenting plan and disclosures. Those forms still exist, but they are the sole-petition forms, not the joint packet.
A note on the decree forms
MP-121.2, MP-122.2, MP-721, and MP-722 are designed so you complete only the header and the court fills in the rest. On the no-children decree (MP-722) you also complete the spousal-maintenance and previous-name sections. Don’t try to draft the whole decree yourself; that’s a common reason a packet comes back.
Searching for Montana Joint Dissolution forms MP-115 or the Proposed Parenting Plan MP-300?
Those searches still bring up old results. Here’s the translation:
- Montana Joint Dissolution forms MP-115 / MP-116 → now MP-122 (no minor children) and MP-121 (with minor children).
- Proposed Parenting Plan MP-300 → for a joint case, now the Joint Proposed Parenting Plan MP-320. (MP-300 stays in use for sole filings.)
- MP-500 / MP-510 financial forms → for a joint case, MP-521 (property, filed) and MP-520 (income and expenses, exchanged only).
- MP-701 / MP-702 / MP-714 hearing forms → MP-121.1 / MP-121.2 or MP-122.1 / MP-122.2.
- MP-730 consent → now the notarized MP-130. MP-404 CSSD notice → now MP-430.
The Declaration of Assets and Debts in Montana: what it is actually called
People search for a Declaration of Assets and Debts in Montana and come up empty, because Montana has no form by that name. That title comes from other states. In a Montana joint dissolution, the same job is split across two forms:
- MP-521 — Joint Proposed Property Distribution. This is Montana’s assets-and-debts document for a joint case. You list real property, vehicles, bank and retirement accounts, personal property, and every debt, then say who takes what. It is filed with the court, and once the judge signs it, it becomes a court-ordered exhibit to your decree.
- MP-520 — Joint Disclosure of Income and Expenses. Your monthly cash flow. Each spouse completes their share and you exchange it; you do not file it unless the court orders you to.
The exchange isn’t a formality. Under MCA § 40-4-252, each spouse must disclose the identity of all assets and liabilities, their share of each, and an income-and-expense declaration. If the court later finds a spouse committed perjury in that disclosure, it “may set aside the judgment, or part of the judgment” — on top of the ordinary criminal exposure for perjury. That’s why the numbers on MP-520 and MP-521 need to be accurate and match everything else in the packet.
4. Step-by-Step: Filing a Joint Dissolution
The thing most people get wrong
In Montana’s joint packets you do not file the petition, wait, and then ask for a hearing later. You file the petition, the property proposal (MP-521), the parenting plan if you have children (MP-320), the hearing request (MP-121.1 / MP-122.1), the proposed hearing order, and the decree shell (MP-721 / MP-722) in one packet. The court reviews the whole thing and issues a scheduling order.
Step 1: Read the instructions and exchange MP-520
Start with the Montana Judicial Branch’s filing instructions for your track (MP-21 with children, MP-22 without). They’re short and they flag the decisions you’re about to make permanent. Then each spouse completes their part of MP-520 and you exchange it. Montana law requires the exchange; skip it and the court can refuse to finalize the divorce, or later force you to hand your spouse anything you failed to disclose.
The moment the case is filed, Montana’s Automatic Economic Restraining Order under MCA § 40-4-126 takes effect. It bars both spouses from transferring, hiding, or disposing of property; canceling or changing insurance or beneficiaries; running up unreasonable debt; emptying retirement accounts; or intercepting each other’s mail. It carves out ordinary living expenses, normal business operations, and reasonable legal fees, and you can jointly waive parts of it in writing. It binds the first filer immediately and the other spouse on notice. Read it before you file.
Step 2: Fill out the packet
Work through the forms in the order the instructions list them. For a case with children: MP-121, MP-121.1, MP-121.2 (header only), MP-320, MP-521, and MP-721 (header only). For a case without children: MP-122, MP-122.1, MP-122.2 (header only), MP-521, MP-722 (header, maintenance, and previous-name sections), and the MP-140 sensitive-data form. Add MP-001 if you’re asking for a fee waiver, and complete the State Case Registry and Vital Statistics Reporting Form that comes with the packet.
For the with-children packet, once the forms are done, make three sets of copies (four total, including the original): the clerk keeps the original, you keep one, and one goes to DPHHS in Step 4. For the without-children packet, the instructions just tell you to make copies for your own records; the clerk keeps the original.
Step 3: File everything with the Clerk of District Court
Bring the packet to the Clerk of District Court in your county and pay the $200 fee to commence the case. Can’t afford it? File MP-001 (Statement of Inability to Pay Court Costs and Fees); the exact form can vary by court, so ask your clerk or a Court Help Center. Do not file MP-520 — that one is exchanged with your spouse only. The clerk opens your case and assigns a cause number.
Step 4: Serve DPHHS if a CSSD case is involved
This step applies only if you or the other parent receives Title IV-D services (the instructions tie this to TANF) or has an open case with Montana’s Child Support Services Division (CSSD). If so, mail or deliver to the nearest CSSD office: the joint petition (MP-121), the parenting plan (MP-320), and MP-430 (Notice and Acknowledgement to CSSD), plus a stamped envelope addressed to your Clerk of District Court so the acknowledgment can be returned. No CSSD case? Skip this entirely.
Step 5: Wait for the scheduling order and attend the hearing
The current instructions say you should receive a scheduling order within 120 days of filing. Both spouses should plan to attend the final hearing. The judge confirms jurisdiction, confirms the marriage is irretrievably broken, and — if you have children — checks that the parenting plan works and serves the children’s best interests.
If one spouse can’t be there: that spouse signs a notarized MP-130 (Consent to Entry of Decree) in advance, and the court can enter the decree without them present. Montana also publishes an Affidavit for Entry of Decree of Dissolution Without Hearing, and the joint instructions note the court may waive the hearing; whether that happens is up to the court, so ask before you count on it.
Step 6: Get the signed decree and your copies
The judge signs MP-721 or MP-722, and your MP-521 (and MP-320, if you have children) become court-ordered exhibits — the court marks them “Court Ordered” and signs the bottom. MP-704 (Notice of Entry of Decree) gets filed. Ask the clerk’s office for a copy of the final decree, the court-ordered parenting plan, and the property distribution.
If you’re changing your name back, order certified copies while you’re there. The Social Security Administration, the Motor Vehicle Division, and your bank will generally each want proof, and a second trip to the courthouse is a wasted afternoon.
5. If You Have Children: MP-320, Child Support, and CSSD
Montana requires a written parenting plan in every case involving minor children. In a joint dissolution the form is the Joint Proposed Parenting Plan MP-320, and it’s the document the judge reads most carefully. Whichever version the court approves gets signed and attached to your decree as a court-ordered exhibit.
What the Joint Proposed Parenting Plan MP-320 must cover
MP-320 walks you through each piece: the regular residential schedule; holidays, school breaks, and summer; where and when exchanges happen and who drives; decision-making on school, medical care, and religion; how you’ll communicate and resolve disagreements before returning to court; relocation notice; and child support and medical coverage. Use the form’s detailed prompts rather than writing “as the parties agree” — a schedule that reads as flexible today is hard to enforce in eighteen months when you disagree, and judges push back on plans that leave it undefined.
Child support
MP-320 requires a child support order. It gives you three ways to propose the amount:
- Ask CSSD to open a case and run the calculation, and attach the signed CSSD order.
- Run the Montana Child Support Guidelines calculation yourselves and attach it.
- Propose your own amount with a written best-interest justification.
If you request $0 support, MP-320 warns that you’re choosing not to receive support now (you can ask for it later if circumstances change), requires both parents’ completed financial affidavits, and notes the court may still require you to open a CSSD case. Payments must route through CSSD if a parent receives Title IV-A benefits or has an active CSSD case, or if the payor’s income is subject to immediate income withholding. The plan also sets when support ends (generally at 18 or high-school graduation, whichever is later, but no later than 19) and how you’ll split medical coverage and out-of-pocket costs.
6. Summary Dissolution: The Fast Track and Its Strict Limits
Montana has a separate, genuinely faster procedure called summary dissolution. It’s a distinct statutory track, not a shortcut through the joint packet, and its eligibility test is narrow. Under MCA § 40-4-130, every one of these must be true when you file:
- Each spouse meets the 90-day residency requirement, and both agree the marriage is irretrievably broken.
- The wife is not pregnant, and either there are no children of the relationship or you already have a parenting plan with child and medical support determined.
- Neither spouse has any interest in real property — the only exception is a residential lease with no purchase option that ends within a year of filing.
- Unsecured debts incurred after the marriage total $20,000 or less.
- Total fair market value of assets, excluding secured obligations, is under $50,000.
- You’ve signed an agreement dividing assets and debts, plus any titles or bills of sale needed to carry it out.
- Both spouses waive any right to maintenance.
- Both irrevocably waive the right to appeal and the right to move for a new trial.
- Both have read and understand the state’s summary dissolution brochure.
If you qualify, MCA § 40-4-133 directs the court, after 20 days from filing the joint petition, to hold a hearing with both parties present and enter the final judgment if it finds the § 40-4-130 conditions are met.
Read the waivers twice
Any interest in real property — including a house you own — disqualifies you. And waiving maintenance and the right to appeal is permanent. Those are the provisions people regret. If you think you qualify, ask your Clerk of District Court or a Court Help Center which forms your district uses for summary dissolution.
7. How Long Does It Take?
Montana has no mandatory statewide waiting period for a joint dissolution. What sets your timeline is how fast you finish the paperwork and how full the judge’s calendar is. The one number the current joint instructions give is that a scheduling order should arrive within 120 days of filing — that’s the order setting your hearing, not the final decree.
| Track | Built-in wait | What drives the timeline |
|---|---|---|
| Joint dissolution | None — you request the hearing at filing | Court review and calendar; scheduling order within 120 days |
| Sole filing | 21 days after service before a decree can enter | How long service takes, plus the court’s calendar |
| Summary dissolution | 20 days from filing to the hearing | Eligibility check at the hearing |
On a sole filing, MCA § 40-4-105 gives your spouse 21 days after service to file a verified response and bars the court from entering a decree until that window closes. The clock starts at service, not at filing — if it takes weeks to serve your spouse, that’s weeks added to the front.
The Montana divorce 20 day waiting period, explained
This is one of the most-searched Montana divorce questions, and the premise is usually wrong. There is no general 20-day waiting period for divorce in Montana. Three different numbers get blended together online:
| The number | What it really is | Who it applies to |
|---|---|---|
| 20 days | The earliest the court may hold the hearing, measured from filing the joint petition | Summary dissolution only (MCA § 40-4-133) |
| 21 days | The other spouse’s window to file a verified response; no decree may enter until it closes | Sole filings only, counted from the date of service (MCA § 40-4-105) |
| 180 days | Not a waiting period — one of two ways to prove the marriage is irretrievably broken | Optional; the alternative is serious marital discord (MCA § 40-4-104) |
So if you and your spouse file a joint dissolution on MP-121 or MP-122, no statutory clock is holding you back. Your wait is how long the court takes to review the packet and set the hearing. If you file a summary dissolution, the 20-day figure is real — but see section 6, because the eligibility limits are strict.
8. What It Costs
These come from the statewide Montana Clerks of District Courts civil fee schedule (updated May 2024).
| Item | Fee | When it applies |
|---|---|---|
| Commencing the dissolution (petition) | $200 | Always — covers joint and summary filings too |
| Entry of judgment | $50 | When the decree is entered |
| Certification with a seal | $2 each | Certified copies for name changes, SSA, MVD, banks |
| Copy of the decree of dissolution | $10 each | Separately filed parenting plans or property agreements are extra |
| Notarization with court seal | $1 | MP-130 and some other forms require notarization |
| Sheriff or process server | Varies | Sole filings only |
For a joint dissolution, the court charges are $200 to commence plus $50 to enter judgment, plus a few dollars for any certified copies you order. Filing jointly is what keeps costs down — no summons, no process server, no publication. Local service and copy costs, and any local requirement, can change the total, so confirm current amounts with your clerk.
Heads up on the judgment fee
Some older Montana packets print $45 for the judgment fee. The current statewide schedule says $50. Call your clerk before you write the check.
Can’t afford the fees? File MP-001 (Statement of Inability to Pay Court Costs and Fees), available at the clerk’s counter, from a Court Help Center, or at MontanaLawHelp.org.
9. Mistakes That Delay Self-Filed Cases
- Using the old form numbers. MP-115, MP-116, MP-300, MP-500, MP-510, MP-701, and MP-730 are not the current joint forms. Use the MP-121 or MP-122 packet.
- Using the no-children petition when you have minor children. MP-122 has no place for parenting or support findings. Use MP-121 and MP-320.
- Filing MP-520. The income-and-expense disclosure is exchanged with your spouse, not filed, unless the court orders it.
- Trying to draft the whole decree. On MP-721 and MP-722 you complete only the parts the form tells you to; the court does the rest.
- Numbers that don’t reconcile. When MP-520, MP-521, and the child support calculation disagree, the court stops to sort it out.
- A vague parenting plan. “As the parties agree” invites the judge to send you back for specifics.
- Forgetting the Vital Statistics form. The State Case Registry and Vital Statistics Reporting Form ships with the packet and is easy to leave out.
- Missing the CSSD notice. If a parent has a CSSD or Title IV-D case, MP-430 plus the petition and MP-320 have to go to CSSD.
10. When DIY Is the Wrong Call, and Where to Get Free Help
Doing it yourself works when the case is genuinely cooperative and the assets are simple. It goes badly when there’s a safety issue, undisclosed money, a business or ranch to value, a retirement account that needs dividing properly, or real conflict about the children. Those cases cost more to fix later than they would have cost to do right.
Montana has strong free resources:
- The Court Help Program — Court Help Centers around the state, most on a walk-in basis, with remote appointments where there’s no local center. Staff aren’t lawyers and can’t give legal advice, but they know the process and will review your forms for completeness before you file. Call 406-444-9300.
- Montana Legal Services Association — free civil legal help if you qualify financially. mtlsa.org or 1-800-666-6899.
- State Bar of Montana Lawyer Referral Service — montanabar.org. Worth it even for a single consult on one sticking point.
- Privacy Protection forms — everything you file is public unless you ask otherwise. If you need addresses or account details shielded, the forms are on the Judicial Branch site and at MontanaLawHelp.org.
11. Where a Self-Help Kit Fits In
Montana gives you the forms for free. What the state doesn’t give you is sequencing — which form goes with which, what “compliance with financial disclosure” actually means, and which pieces have to reach the clerk’s counter in the same packet. That gap is where self-filed cases stall, and it got wider when the joint packets changed in 2026.
Our Montana kit is built around the friction points in this guide:
- A decision tree that lands you on the right current petition — MP-121, MP-122, or a sole filing — in about a minute
- A worked example of MP-520 and MP-521 so your disclosures reconcile the first time
- Parenting-plan language for MP-320 that’s specific enough to be enforceable
- A filing checklist covering the hearing request, the proposed orders, the decree shell, the CSSD notice, and Vital Statistics
- What the judge actually asks at an uncontested hearing, so you’re not guessing
Download the Montana Uncontested Divorce Kit
A kit isn’t legal advice and it doesn’t replace a lawyer when you need one. For couples who genuinely agree, it removes the guesswork that causes rejected filings.
12. Your Filing Checklist
- Confirm one of you has been domiciled in Montana 90+ days
- Decide which ground applies: 180+ days living apart, or serious marital discord
- Read the Judicial Branch’s MP-21 (children) or MP-22 (no children) filing instructions
- Pick your petition: MP-121 or MP-122 joint; MP-112 or MP-113 sole
- Complete and exchange MP-520; prepare MP-521 together
- If children: complete MP-320 and settle child support (attach a CSSD order, a calculation, or a justified amount)
- Complete the header of MP-121.2 / MP-122.2 and MP-721 / MP-722
- Complete the hearing request MP-121.1 / MP-122.1
- Fill out the State Case Registry and Vital Statistics Reporting Form; add MP-140 for the no-children packet
- Make your copies (four total for the children packet), file the packet at once, and pay $200 (or file MP-001)
- Serve CSSD with MP-430 plus MP-121 and MP-320 if a Title IV-D or CSSD case applies
- Watch for the scheduling order; attend the hearing, or file a notarized MP-130 if a spouse can’t
- After the judge signs, confirm MP-704 is filed and order certified copies of the decree
Before you file, take the packet to a Court Help Center for a completeness check. It’s free, and it catches the errors that would otherwise cost you a month.
FAQ: Montana Uncontested Divorce
What is an uncontested divorce in Montana?
It’s a dissolution of marriage where both spouses agree on property, debt, maintenance, and — if applicable — parenting and child support, so the judge only reviews and approves the terms rather than deciding them. Most uncontested cases are filed as a joint petition on the current MP-121 (with minor children) or MP-122 (no minor children) packet.
How much does an uncontested divorce cost in Montana?
The statewide court charges are $200 to commence the case and $50 to enter judgment. Certified copies are $2 each and a decree copy is $10. Filing jointly avoids service costs. If you can’t afford the fees, file MP-001, the Statement of Inability to Pay Court Costs and Fees. Local costs vary, so confirm the current amount with your Clerk of District Court.
How long does an uncontested divorce take in Montana?
There’s no statutory waiting period for a joint dissolution. The current joint instructions say you should receive a scheduling order within 120 days of filing; the total time then depends on the court’s calendar. A sole filing takes longer because no decree can be entered until 21 days after your spouse is served.
Is there a 20 day waiting period for divorce in Montana?
Not as a general rule. The Montana divorce 20 day waiting period applies only to summary dissolution: under MCA § 40-4-133, the court holds the hearing after 20 days from filing the joint petition, with both parties present. A regular joint dissolution on MP-121 or MP-122 has no statutory waiting period. A sole filing has a different clock: 21 days from service before a decree can be entered.
What is the Declaration of Assets and Debts in Montana?
Montana has no form with that name — it’s borrowed from other states. In a joint dissolution, Montana’s equivalent is MP-521, the Joint Proposed Property Distribution, which lists all assets and debts and proposes who takes what and is filed with the court. Your monthly cash flow goes on MP-520 (Joint Disclosure of Income and Expenses), which you exchange with your spouse but don’t file unless the court orders it.
What replaced the Proposed Parenting Plan MP-300?
For a joint dissolution, the parenting plan is now the Joint Proposed Parenting Plan MP-320 (revised August 2026), free from the Montana Judicial Branch inside the MP-121 packet. The older MP-300 is still used for sole filings. MP-320 requires a child support order and walks you through residential schedule, holidays, decision-making, relocation, dispute resolution, and medical coverage.
Can we file together instead of one of us suing the other?
Yes. MCA § 40-4-105 lets “either or both parties” start a dissolution, so spouses can file as co-petitioners on a Joint Petition for Dissolution — MP-122 without minor children, MP-121 with them. Nobody gets served with a summons, which is what makes the joint track cheaper and faster.
Do we have to go to court?
Usually yes — one short final hearing where the judge confirms the basics and signs the decree. Montana publishes an Affidavit for Entry of Decree of Dissolution Without Hearing, and the current joint instructions note the court may waive the hearing, but whether that happens is up to the court. Ask your Clerk of District Court before planning around it.
What if my spouse can’t make it to the hearing?
They sign a notarized MP-130 (Consent to Entry of Decree) beforehand. That authorizes the judge to enter the decree without them present. (MP-130 replaced the older MP-730.)
Do we have to be separated first?
Not necessarily. Montana requires the irretrievable breakdown to be supported by evidence of either living separate and apart for more than 180 days or serious marital discord that adversely affects one or both spouses’ attitude toward the marriage. Couples still sharing a home rely on the discord option.
Do we qualify for summary dissolution?
Only if you meet every condition in MCA § 40-4-130 — including no interest in real property, under $20,000 in unsecured marital debt, under $50,000 in assets, a signed division agreement, and a mutual waiver of maintenance and of the right to appeal. Owning a home rules it out.
Where do I get the MP-Series forms?
Free from the Montana Judicial Branch’s dissolution forms pages at courts.mt.gov. Download the complete current packet for your track — joint with children (MP-121) or joint without children (MP-122) — along with the MP-21 or MP-22 filing instructions. A Court Help Center can also help you find the right packet.
Can I change my name back in the divorce?
Yes — request it in the petition so it’s built into the decree. Order certified copies at the courthouse; the Social Security Administration, the Motor Vehicle Division, and your bank will generally each want one.
Last reviewed September 2026 against the Montana Judicial Branch joint dissolution packets (MP-21 and MP-22 instructions, rev. 5-20-2026; MP-121 rev. 6-30-2026; MP-122 rev. 6-1-2026; MP-320 rev. 8-10-2026; MP-520/MP-121.1/MP-121.2/MP-130 rev. 5-20-2026; MP-721/MP-722 rev. 7-16-2026), the Montana Clerks of District Courts civil fee schedule (May 2024), and MCA §§ 40-4-104, 40-4-105, 40-4-126, 40-4-130, 40-4-133, and 40-4-252. This is legal information, not legal advice. Verify current forms, fees, and local procedure with your Clerk of District Court before filing.
Sources and local rules can change. Use this guide as a plain-English organizer, then verify the current filing requirements with the official court or government source for your jurisdiction.
About Harry D
Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.