How to Get a No-Fault Divorce in Montana: State Requirements and Documents

Seeking legal counsel on how to file for divorce in Montana?

The state of Montana recognizes no-fault divorces. One of the parties must claim that the marriage has “irretrievably broken down.” This is referred to as “irreconcilable differences,” and it indicates that the two sides no longer get along. In Montana, irretrievable breakdown is established by the parties living separately and apart for 180 days previous to filing for divorce, or by a severe marital crisis that has occurred and has badly impacted the attitude of at least one of the spouses.

Requirements for Residency

To petition for divorce in Montana, one or both spouses must have lived in the state for at least ninety (90) days immediately before the divorce. If the divorcing parties have minor children, the minor children must have lived in Montana for at least six (6) months previous to the divorce filing for the Court to have jurisdiction over the children’s problems.

Complete your Forms

When applying for divorce, you must submit certain papers to the Court. If the parties reach an agreement on all aspects of the divorce before filing for divorce, they may petition for Joint Dissolution.

All persons seeking for no-fault divorce in Montana must complete and submit the following forms:

Petition for Divorce (No Children)/Joint Petition for Divorce Summons and Temporary Economic Restraining Order
Preliminary Declaration of Assets, Debts, Income, and Expenses by Petitioner
Notice and Acknowledgement of Summons Receipt and Petition for Dissolution Praecipe Service by Publication

Couples with children may use the following forms:

Dissolution Petition (with kids)
Child Support Guidelines Notice of Filing Affidavit of Financial Position
Child Support Worksheet Proposed/Final Parenting Plan Notice and Acknowledgement to Child Support Enforcement Division

If both parties agree on the conditions of their divorce, a Divorce Settlement Agreement should be completed. You can finish this document, which details the conditions of the split of property, assets, and obligations in your divorce,

Make duplicates of your forms.

Make at least two duplicates of each document after you have completed it. One pair will be submitted with the Court Clerk’s Office, while the other should be retained for your documents.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the Court Clerk’s Office. If everything is in order, the Clerk will use the original papers and charge a filing fee. As the divorce process progresses through the system, additional papers will be needed. You must maintain contact with the County Clerk to ensure that no dates are overlooked.