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Montana divorce form
Download the Montana no-fault petition for dissolution of marriage packet for an uncontested divorce without minor children. Instant secure access with the packet documents listed below.
Use this only if there is no minor child. The official Judicial Branch packets are free at courts.mt.gov/forms/end_marriage.
A filing packet built around the Petition for Dissolution of Marriage used to open an uncontested no-fault case in Montana.
Everything needed to open an uncontested no-fault divorce in Montana: the petition for dissolution of marriage plus the supporting filing documents listed below.
Download the files and complete them on your own device. Your personal details are never entered into an online form builder.
The included checklist walks through residency, filing, service or waiver, and finalizing your decree.
Use this only if there is no minor child. The official Judicial Branch packets are free at courts.mt.gov/forms/end_marriage.
This packet includes 10 documents in editable Word and print-ready PDF formats. Use the Word version for editing and the PDF for print-ready reference.
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Court forms
This form plus the matching petition for dissolution of marriage, separation agreement, and decree of dissolution of marriage — every Montana document in one package.
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About this form
This packet opens an uncontested no-fault divorce in Montana, where both spouses agree on the terms.
Montana is a no-fault-only state (irretrievable breakdown, § 40-4-104(1)(b)) with a 90-day residency rule (§ 40-4-104(1)(a)) and a 21-day bar on entering the decree after service (§ 40-4-105(3)). Every instrument in this packet is a PublicLegal-authored form, conspicuously disclosed - the Montana Judicial Branch's official dissolution packets carry a not-for-profit-use restriction and are free at courts.mt.gov/forms/end_marriage. The kit is the authored petition, instructions, separation agreement with property schedules, declaration of disclosure, acknowledgment of service, SCRA affidavit, the § 40-4-108(4) affidavit for entry without hearing, and the proposed decree. The settlement product is the authored Separation Agreement, and the decree product is the authored proposed Decree of Dissolution of Marriage. The FAQ below covers the details.
See page 1 of the actual blank form and review a plain-language outline. The complete formatted documents are delivered after checkout.
PETITION FOR DISSOLUTION OF MARRIAGE — WITHOUT MINOR CHILDREN (PublicLegal-authored). The PublicLegal-authored Montana petition that opens an uncontested dissolution in a Montana District Court. Not a Montana Judicial Branch form; the official court packets are free at courts.mt.gov/forms/end_marriage.
Caption: the judicial district and county, the case number, and Petitioner and Respondent.
Jurisdiction and venue: at least one spouse domiciled in Montana — or stationed here in the armed services — for 90 days before filing (Mont. Code Ann. § 40-4-104(1)(a)); file where either spouse lived during those 90 days (§ 25-2-118(3)).
Ground: irretrievable breakdown — 180 days living separate and apart, or serious marital discord with no reasonable prospect of reconciliation (§ 40-4-104(1)(b)). No decree until 21 days after service (§ 40-4-105(3)).
The full packet also includes the filing instructions, the separation agreement with property and debt schedules, the declaration of disclosure (§§ 40-4-252/253), the acknowledgment of service and waiver, the SCRA affidavit, the § 40-4-108(4) affidavit for entry without hearing, and the proposed decree — all PublicLegal-authored.
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The 10 packet documents listed on this page are included, delivered in Word and print-ready PDF formats. The packet centers on the Petition for Dissolution of Marriage that opens an uncontested no-fault case, plus the supporting filing documents and reference materials shown above.
At least one spouse must have been domiciled in Montana — or stationed in Montana in the armed services — for at least 90 days before filing (Mont. Code Ann. § 40-4-104(1)(a)). File in the District Court of the county where either spouse lived during those 90 days (§ 25-2-118(3)). Confirm local filing practice with the Clerk of District Court.
Montana's only ground is an irretrievable breakdown of the marriage, shown by 180 days living separate and apart or by serious marital discord with no reasonable prospect of reconciliation (Mont. Code Ann. § 40-4-104(1)(b)). These are PublicLegal-authored forms, not Montana Judicial Branch forms: the courts' official dissolution packets carry a not-for-profit-use restriction and are provided free at courts.mt.gov/forms/end_marriage. If your spouse will not agree, this is not your packet.
A Montana decree may not be entered until 21 days after the date of service (Mont. Code Ann. § 40-4-105(3)) — a signed Acknowledgment of Service and Waiver starts that clock on the acknowledgment date. After the 21 days run, many districts enter an agreed decree on sworn affidavits without a hearing (§ 40-4-108(4)); others set a short final hearing. You are not divorced until the judge signs the decree and the Clerk of District Court enters it (§ 40-4-108(1)). Court schedules vary by county.
No. This packet is the agreed path for spouses who settle every issue. If your spouse denies that the marriage is broken, the court may continue the case 30 to 60 days (§ 40-4-107(2)); if your spouse will contest, consult a Montana attorney about the contested process.
No. ILRG provides self-help legal forms and information, not legal advice. Consult a Montana attorney if you have significant property, retirement accounts, business interests, safety concerns, or any disagreement about terms.