home / blog

Guide to Uncontested Divorce in Montana

December 23, 2025

Uncontested / Simple Divorce in Montana: A Plain-English Guide

If you and your spouse agree that your marriage is over and you want to finish the process with as little stress and cost as possible, you may be a good fit for an uncontested divorce in Montana. In Montana, the legal term is dissolution of marriage, and the Montana Supreme Court-approved MP-Series forms are what most self-represented people use.

This guide explains how a simple, uncontested divorce in Montana works: who qualifies, what the main steps look like, the key MP-Series forms people search for, and what to expect at the end (including the reality that Montana often requires a brief hearing unless your judicial district allows a final decree without a hearing for your situation).

Important disclaimer: PlainDivorce is not a law firm, and this article is legal information only, not legal advice. Court rules, forms, and fees can change. Always confirm the current requirements with the Montana Judicial Branch, your local Clerk of District Court, or a Montana family law lawyer before you file anything.

Table of Contents

uncontested divorce in Montana

1. What Is an Uncontested or Simple Divorce in Montana?

In Montana, divorce is called a dissolution of marriage. When people say “simple divorce” or “uncontested divorce” in Montana, they usually mean a dissolution where you and your spouse agree on the major issues, including:

  • Ending the marriage (no-fault: an irretrievable breakdown),
  • How to divide property and debts (often written in agreed terms that become part of the final decree),
  • Whether either spouse will pay maintenance (spousal support), and
  • If you have children, a parenting plan and child support arrangements.

For couples who are truly amicable, a common “fast and affordable” approach is filing together as a Joint Dissolution. Montana has two different joint petitions depending on whether you have minor children:

  • No minor children: Joint Petition for Dissolution MP-115
  • With minor children: Joint Petition for Dissolution MP-116

Using the correct joint petition matters. If you have children and file the “no-children” petition, your paperwork can be rejected or delayed because the child-related sections and findings are not included.

A different option that some people qualify for is Summary Dissolution (a simplified path with strict requirements). Summary dissolution has its own rules and timing, so it’s best to verify eligibility with official resources or local self-help staff before choosing that track.

2. Who Qualifies for an Uncontested Divorce in Montana?

2.1 Residency requirements

Montana must have jurisdiction over your case. In general, at least one spouse must have been domiciled in Montana (or stationed here as active-duty military) for at least 90 days before filing.

If you have minor children, there can be additional jurisdiction rules about where the children have lived (often connected to a “home state” concept). If you’re not sure, consider verifying jurisdiction before filing so you don’t lose time and filing fees.

2.2 Grounds for divorce (no-fault)

Montana is a no-fault divorce state. The legal ground is an irretrievable breakdown of the marriage. You do not have to prove wrongdoing like adultery or cruelty.

2.3 When your case is a good fit for uncontested / joint dissolution

  • You both agree the marriage is over and want to avoid a court fight.
  • You can exchange financial information and complete the required disclosures (common forms include MP-500 and MP-510, described below).
  • You can agree on property, debts, and (if applicable) maintenance.
  • If you have children, you can agree on a parenting plan using the Proposed Parenting Plan (MP-300).
  • You want to reduce service costs by filing together (Joint Dissolution: MP-115 without children or MP-116 with children).

2.4 When uncontested divorce may not work well

  • Domestic violence, threats, stalking, or serious safety concerns
  • Hidden assets, hidden income, or major power imbalance
  • Complex property (businesses, multiple properties, large retirement accounts)
  • Serious disputes about parenting or relocation
  • Immigration, tax, or bankruptcy complications

If any of these apply, consider legal advice before signing anything, even if you still hope to settle.

3. Step-by-Step: Montana Uncontested Divorce (MP-Series Forms)

Montana’s self-help system is built around Montana Supreme Court-approved MP-Series forms. The exact packet depends on whether you file jointly, and whether you have children.

Step 1 – Choose your filing track: Joint vs. Sole

  • Joint Dissolution (no minor children): Joint Petition MP-115
  • Joint Dissolution (with minor children): Joint Petition MP-116
  • Sole filing: One spouse files the petition and must handle service. Common petition forms include MP-112 (without children) or MP-113 (with a parenting plan).

Why the joint track matters: when you file together as co-petitioners, you usually avoid paying for formal service of process, which is a common cost in DIY divorces.

Step 2 – Complete required financial disclosures

Even in uncontested cases, you generally need to exchange/complete financial disclosure paperwork. In Montana’s joint packets, two common forms are:

  • Proposed Property Distribution (MP-500)
  • Declaration of Disclosure of Income and Expenses (MP-510)

Incomplete or inconsistent disclosures are a common reason judges delay uncontested cases.

Step 3 – Put your agreement in writing (property + support)

In an uncontested case, you typically prepare agreed terms covering property division, debt responsibility, and whether maintenance is paid. The court will review the terms and, if approved, include them in the final decree.

Step 4 – File with the Clerk of District Court

File your packet with the Clerk of District Court in the appropriate county and pay the filing fee (or request a fee waiver if you qualify). Your clerk opens the case and assigns a case number.

Step 5 – Service (only if you did not file jointly)

If you filed a sole petition, you must properly serve the other spouse under Montana rules. If you filed jointly on MP-115 or MP-116, this step is usually avoided because you are filing together.

Step 6 – Request a court date: the “trigger” paperwork (MP-701 + proposed order)

In Montana, filing your petition does not always automatically place you on a judge’s calendar. A key step in many self-help packets is filing a request that tells the court you are ready to finalize and that disclosure requirements have been met:

  • Request for Hearing and Statement of Compliance (MP-701)

You will typically file a proposed order for the judge to sign to set or grant the hearing:

  • No children: Order Granting Hearing MP-714
  • With children: Order on Hearing on Dissolution with Children MP-702

Step 7 – Finalize: brief hearing vs. decree without hearing (district-specific)

Many uncontested dissolutions end with a brief hearing where the judge confirms jurisdiction, agreement, and (if children are involved) that the parenting plan is workable and in the children’s best interests. If everything is in order, the judge signs the Final Decree of Dissolution.

Possible “without hearing” option (verify locally): Some Montana joint packets reference a Joint Affidavit for Entry of Decree Without Hearing. Availability and requirements can vary by judicial district, so confirm with your Clerk of District Court before relying on this option.

Convenience tip (MP-730): If your case requires a hearing but one spouse cannot attend, the joint packet lists an optional Consent to Entry of Decree (MP-730) that may allow the judge to enter the decree without that spouse appearing.

Step 8 – File the required vital records form

Montana packets commonly require a Vital Statistics reporting form as part of finalizing and recording the divorce. The packet instructions direct filers to include the current vital statistics form when filing their paperwork, and to verify details with the clerk.

4. If You Have Children: Proposed Parenting Plan (MP-300)

If you have minor children, Montana requires a written parenting plan. The Montana form name that matters (and that people search for) is:

  • Proposed Parenting Plan (MP-300)

Your MP-300 parenting plan should clearly cover weekday/weekend schedules, holidays, vacations, transportation, decision making, communication, and how you’ll handle future disagreements. The judge will review this closely if your case goes to a final hearing.

Child support is handled under Montana guidelines and usually depends on accurate income information and parenting time details. If numbers don’t match your disclosures, the court may delay finalizing until things are clarified.

Important logistics note: In some situations (for example, if child support enforcement services are involved), the joint-with-children instructions include a step to serve the Department of Public Health and Human Services / Child Support Enforcement Division (CSED). Because this is fact-specific, verify whether it applies to your case with the clerk or the official packet instructions for your track.

5. How Long Does an Uncontested Divorce Take in Montana?

Every county is different, but these timeline checkpoints are common in Montana cases:

  • Sole filing cases: after service, the other spouse typically has 21 days to respond, and timing often depends on when service is completed and whether an agreement is reached.
  • Joint dissolution cases: you still need to complete disclosures and then file the “ready to finalize” paperwork (often MP-701 plus the proposed hearing order) so the court can schedule the final step.
  • Summary dissolution: this separate track has its own statutory timing rules and may be eligible for a hearing after 20 days from filing, but only if you qualify.

In practice, many uncontested cases take a few months from filing to a signed decree, depending on paperwork completeness and the court’s schedule. Common delays include incomplete forms, missing disclosures, unclear parenting plan details, or using the wrong joint petition form number (MP-115 vs. MP-116).

6. What Does an Uncontested Divorce Cost in Montana?

Costs vary by county and situation, but Montana District Court fee schedules commonly include:

  • Filing fee (dissolution petition): generally about $200
  • Judgment / entry fee: a separate fee is often required when the decree is entered (commonly listed as $50 on the statewide clerk fee schedule, but always confirm with your local clerk)
  • Service fees: only if you file alone and must formally serve your spouse
  • Notary, copying, and certified copies (if you need certified copies for name change or records)

Money-saving tip: A Joint Dissolution often reduces costs because it usually avoids paid service of process.

If you qualify financially, you may be able to request a fee waiver. Always verify current fees with your local Clerk of District Court because fee schedules can change.

7. When a DIY Divorce Might Not Be Right for You

DIY can work well for cooperative cases, but consider legal help if there are safety issues, hidden assets, complicated finances, or major conflict about children. If you feel pressured to sign, pause and get advice.

8. Where a Self-Help Divorce Kit Fits Into the Process

Montana provides official MP-Series packets, but many people still struggle with organization and “what comes next.” A self-help kit can help you line up your case the way courts expect, especially around the high-friction areas:

  • Choosing the right starting form: MP-115 (joint, no kids) vs. MP-116 (joint, with kids) vs. a sole petition such as MP-112 or MP-113
  • Completing disclosures correctly: MP-500 and MP-510
  • Preparing a complete parenting plan if needed: MP-300
  • Understanding the “get a court date” step: MP-701 plus the proposed hearing order (MP-714 or MP-702)

Download Our Montana Uncontested Divorce Self-Help Kit

Using a kit is not legal advice, but it can reduce confusion and delays for couples in straightforward, cooperative cases.

9. Final Thoughts and Next Steps

If your case is truly cooperative, Montana’s uncontested process can be manageable, but it often moves faster when you use the correct MP-Series forms and follow the “ready to finalize” steps the court expects.

  • Pick the right track: MP-115 (joint, no kids) vs. MP-116 (joint, with kids) vs. a sole petition
  • Complete disclosures: MP-500 and MP-510
  • If you have children: MP-300 parenting plan
  • Do not miss the hearing-request step: MP-701 plus the proposed order (MP-714 or MP-702)
  • Submit the required Vital Statistics reporting form as directed by your packet / clerk

Remember: this is legal information only, not legal advice. Always verify current forms, fees, and county or judicial-district-specific steps with your local court before filing.

FAQ: Montana Uncontested Divorce

What is an uncontested or simple divorce in Montana?

It’s a Montana dissolution of marriage where spouses agree on the key issues (property/debt, support, and, if applicable, parenting and child support) and submit the correct paperwork so the court can enter a final decree.

Can we file jointly in Montana?

Often, yes. Many couples file a Joint Dissolution using MP-115 (no children) or MP-116 (with children). Filing jointly can reduce costs because it commonly avoids formal service of process.

Do we automatically get a court date after filing?

Not always. Many packets rely on a separate “ready to finalize” filing such as MP-701 (and a proposed hearing order) to trigger scheduling. Always follow your judicial district’s instructions and confirm local practice with the clerk.

Do we have to go to court for an uncontested divorce in Montana?

Many cases end with a brief hearing, but some districts may allow a decree without a hearing in limited situations if you file the correct paperwork. Because availability varies, confirm with your local Clerk of District Court before planning around a no-hearing option.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.