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Montana Divorce Instructions

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How to File a Joint Petition for Dissolution of Marriage in Montana
(with children)

Table of Contents

  1. What Forms Will I Need? 2
  2. Eight Steps to Getting a Dissolution of Marriage 3
    • A. Warning 3
    • B. Step One: Collect Information and Make Decisions 3
    • C. Step Two: Prepare the Forms 3
    • D. Step Three: Exchange Declarations of Disclosure 4
    • E. Step Four: File Your Documents with the Court 4
    • F. Step Five: Notify CSED 5
    • G. Step Six: Request a Hearing 5
    • H. Step Seven: Go to Court for Your Hearing 6
    • I. Step Eight: Notify Your Spouse 6

DISCLAIMER

Information Not Legal Advice. This document has been prepared for general information purposes only. The information provided is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information may not be correct for your jurisdiction. Finally, the information contained in this document is not guaranteed to be up to date. The information cannot replace the advice of competent legal counsel licensed in your state.

Prepared by Montana Legal Services Association. Approved and distributed by the Montana Supreme Court Commission on Self-Represented Litigants.

Rev. 7/02

What Forms Will I Need?

Initial Documents:

  1. Joint Petition for Dissolution
  2. Proposed Parenting Plan
  3. Final Declaration of Disclosure of Assets, Debts, Income, and Expenses

You may also need the following documents (See page 10 of “Introduction to Family Law in Montana"):

  1. Notice of Filing Child Support Guidelines Financial Affidavit
  2. Notice and Acknowledgment to Child Support Enforcement Division

Final Documents:

  1. Request for Hearing and Order
  2. Consent to Entry of Decree
  3. Findings of Fact, Conclusions of Law, and Final Decree of Dissolution
  4. Final Parenting Plan
  5. Notice of Entry of Final Decree
  6. Vital Statistics Form

How to File a Joint Petition for Dissolution, Page 2 of 7

Eight Steps to Getting a Dissolution of Marriage

Warning:

These instructions will walk you through the steps you will need to follow in order to file your dissolution. This can be a confusing and complicated process. If you have questions about the instructions or any of the forms, you should talk to an attorney.

The steps for filing for a dissolution may be slightly different in your judicial district. Always check with the Clerk of District Court in your district to make sure that you are following the right procedures.

Step One: Collect Information and Make Decisions

  • [] Before completing the dissolution forms, you will need to make decisions regarding the children, the marital property, and the marital debts. Be sure to read "Introduction to Family Law in Montana” before you begin filling out the forms. It will highlight the major decisions you will have to make.
  • [] You should begin by making a list of all marital property and debts and deciding who should get what property and who should have to pay what debts. If you are not sure how much you owe on current debts, or if you are worried that your spouse has incurred debts without your knowledge, you may want to get a credit report.
  • [] If you already have a Child Support Order from the Child Support Enforcement Division, get a copy of the Order to include with your Petition. If you do not already have an Order, you will need to complete the Montana Child Support Guidelines Financial Affidavit.

Step Two: Prepare the Forms

  • [] Included in this packet are all of the forms you will need to file for a dissolution of marriage. Fill out each form neatly and completely. In order to file a joint petition both you and your spouse will have to agree to and sign the Joint Petition for Dissolution and the Proposed Parenting Plan. Be aware that some judicial districts may require you to type the forms. For a list of the forms you will need, read "What Forms Will I Need?” also in this packet. If you have questions about the forms, talk to an attorney.

How to File a Joint Petition for Dissolution, Page 3 of 7

Step Three: Exchange Final Declarations of Disclosure of Assets, Debts, Income, and Expense

  • [] You and your spouse should each complete and exchange Final Declarations of Disclosure of Assets, Debts, Income, and Expenses. In the Joint Petition for Dissolution you are required to state that you have exchanged these documents.

Step Four: File Your Documents with the Court

  • [] After you have completed all of the forms, make copies of the following documents:
    1. Joint Petition for Dissolution (three copies)
    2. Proposed Parenting Plan (three copies)
  • [] Also make copies of the following documents, if they are necessary for your case (See "Introduction to Family Law in Montana,” page 10):
    1. Notice of Filing Child Support Guidelines Financial Affidavit (with attached Affidavit) (two copies)
    2. Notice and Acknowledgment to Child Support Enforcement Division (three copies)

    Both you and your spouse should always keep a copy of everything that you file with the Clerk of District Court. The original documents get filed with the Clerk. Every time you file a document with the Clerk, bring two copies of the document with you and ask the Clerk to stamp them, showing that the document has been filed. Both you and your spouse should keep an organized file of all your court papers and letters concerning your case.

  • [] Go to the Clerk of District Court in the County Courthouse where you are filing for your dissolution. Generally, you will file in the county where you are living. You will have to pay a filing fee in order to file your papers with the Court. If you cannot afford to pay the filing fee, you may be eligible to have prepayment of the fee waived. If you think you may be eligible for such a waiver, ask the Clerk of District Court for an "Affidavit of Inability to Pay Filing Fees.”
  • [] After you have paid the filing fee (or the Judge has decided to waive the filing fee), file the following documents with the Clerk of District Court. Remember to have the Clerk date and stamp two copies of each document for both you and your spouse's records.
    1. Joint Petition for Dissolution
    2. Proposed Parenting Plan
    3. Notice of Filing Child Support Guidelines Financial Affidavit (if necessary)
    4. Notice and Acknowledgment to Child Support Enforcement Division (if necessary)

How to File a Joint Petition for Dissolution, Page 4 of 7

  • [] The Clerk will put a cause number on all of the documents you filed. This cause number is how the court will identify your case. Put this cause number on all of your forms from now on.

Step Five: Notify CSED (if necessary)

  • [] If you receive public assistance under Temporary Assistance to Needy Families (TANF) or if you are already receiving services from the Child Support Enforcement Division, you must notify CSED and the Attorney General of the dissolution by sending them the following:
    1. Notice and Acknowledgment to Child Support Enforcement Division
    2. Joint Petition for Dissolution
    3. Proposed Parenting Plan
    4. Self-addressed stamped envelope
  • [] Both CSED and the Attorney General need to send an “Acknowledgment of Service" back to you before your dissolution can be entered by the court. When you receive the Acknowledgment back from both offices, make one copy of each, and file the originals with the Clerk of District Court. CSED may decline to be a party to your dissolution by signing the “Declination” on the Acknowledgment of Service they send back to you. If they do not decline, CSED will need to be served with all subsequent documents you file with the court.

Step Six: Request a Hearing

  • [] Complete and make two copies of the following documents:
    1. Findings of Facts, Conclusions of Law, and Final Decree of Dissolution
    2. Final Parenting Plan
    3. Consent to Entry of Decree (if necessary)
    4. Request for Hearing and Order
    5. Vital Statistics Form
  • [] File the Request for Hearing and Order with the Clerk of Court. If only one of the Petitioners (you or your spouse) is going to testify at the final hearing, you should also file a Consent to Entry of Decree. If both of you are planning on being at the final hearing you will not need to file this document. As always, check with the Clerk of District Court to make sure that you are following all of the necessary rules in your district. Get a filed stamped copy of each document for your files. The Clerk will schedule a final hearing for your dissolution.
  • [] Also leave with the Clerk your original Findings of Fact, Conclusions of Law, and Final Decree of Dissolution and your original Final Parenting Plan. The Clerk will give these documents to the Judge to review before your final hearing. In some

How to File a Joint Petition for Dissolution, Page 5 of 7

districts, the Clerk may ask you to keep these documents and bring them with you to the final hearing.

Step Seven: Go to Court for Your Hearing

  • [] Be at the courthouse at least 15 minutes before your scheduled hearing time. Dress as you would for an important meeting or job interview. Ask the Clerk of District Court which courtroom your Judge is in. Go to the appropriate courtroom and wait for the Judge to call your name and cause number. Be calm and polite and address the Judge as “Your Honor.”
  • [] Bring your two copies of the following documents with you to the hearing:
    1. Findings of Fact, Conclusions of Law, and Final Decree of Dissolution
    2. Final Parenting Plan
  • [] The Judge will ask you to be sworn in and to take the witness stand. The Judge will ask you a few questions regarding your Petition and Proposed Decree. The questions should center around the following topics:
    1. Whether you have been a resident of Montana for the past 90 days
    2. The parenting arrangements described in your papers
    3. Whether your spouse is capable of contributing to the support of the children, and if the child support amount is fair and reasonable
    4. Whether your marriage is irretrievably broken
    5. If the wife wants her former name to be restored
    6. If your proposal for dividing the assets and debts is fair and equitable

    The Judge should then sign your Decree and Parenting Plan and excuse you.

  • [] Immediately after the hearing, bring the signed Decree and Parenting Plan to the Clerk of District Court. Ask the Clerk to put the appropriate stamps on your two copies of the documents to show that they have been filed and signed by the Judge. At the same time, file your Vital Statistics Form.

Step Eight: Notify Your Spouse

  • [] Make two copies of the Notice of Entry of Decree.
  • [] Mail copies of the following documents to your spouse:
    1. Notice of Entry of Decree
    2. Findings of Fact, Conclusions of Law, and Final Decree of Dissolution
    3. Final Parenting Plan
  • [] File the original Notice of Entry of Decree with the Clerk of District Court. The

How to File a Joint Petition for Dissolution, Page 6 of 7

time allowed for you or your spouse to appeal the decree does not begin to run until the Notice of Entry of Decree is filed. For this reason, it is important that you file the Notice with the Clerk even if your spouse already knows that the Decree has been entered.

  • [] Keep your copies of the Decree and Parenting Plan in a safe place.

How to File a Joint Petition for Dissolution, Page 7 of 7

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What the Montana Divorce Instructions Cover

Montana Divorce Instructions provide step-by-step guidance for preparing, completing, and filing divorce-related forms in Montana district courts. The guidance covers typical documents (petition, summons, financial disclosure, parenting plan when applicable), service options, court filing logistics, and how to document proof of service. It also outlines signature and notarization considerations and explains where to confirm county-specific filing practices and fees with the local court clerk.

Who Typically Relies on These Instructions

These instructions are intended for people handling Montana divorce filings—whether self-represented litigants, attorneys, or court staff.

  • Self-represented petitioners preparing forms, organizing exhibits, and confirming service and filing requirements.
  • Family law attorneys assembling petitions, parenting plans, and financial affidavits for client filing and court presentation.
  • County clerks and court staff processing petitions, assessing fees, and managing acceptance or e-file routing.

Use this page as a practical checklist, then verify county-specific procedures and fee schedules with the appropriate district or county clerk before filing.

Step-by-Step: Prepare, File, Serve, and Finalize

Follow these sequential steps to prepare and file a Montana divorce petition, serve the respondent, complete disclosures, and obtain an entered decree.

  • 01
    Prepare Petition: Complete petition, financial disclosures, and parenting plan if applicable.
  • 02
    File with Clerk: File original documents with the county or district court clerk and pay filing fees or request waiver.
  • 03
    Serve Respondent: Arrange proper service of process per Montana rules and document proof of service.
  • 04
    Attend Hearing / Entry: Appear for hearing if required and request the court to enter the final decree.

Core Components of Montana Divorce Filings

A standard filing package includes documents that establish jurisdiction, notify the respondent, disclose financial information, and propose resolutions for custody, support, and property division.

Petition

The initiating pleading stating grounds for divorce, petitioner and respondent details, and relief requested; forms vary by county and should be completed with care.

Summons

Official notice served on the respondent that begins the response period and advises on how to respond to the petition.

Financial Disclosure

Detailed statement of income, expenses, assets, and liabilities; essential for support, property division, and accurate court orders.

Parenting Plan

When children are involved, a custody and parenting plan addresses physical custody, legal decision-making, visitation schedules, and parental responsibilities.

Proof of Service

Document certifying how and when the respondent was served; critical to show jurisdiction and to move the case forward.

Final Decree

Court order that resolves the case, incorporates agreements or rulings, and becomes enforceable once entered and certified by the clerk.

Supporting Documents and File Formats

Courts usually accept a set of supporting documents and prefer standard electronic formats when e-filing is available. Prepare both originals and certified copies as needed.

Supporting Documents

Birth certificates, marriage certificate, financial records, tax returns, custody evaluations, and proof of residence often accompany the petition.

Preferred File Types

PDF is preferred for filings; courts that accept e-file typically require PDF/A or searchable PDFs for official records.

Signed Originals

Maintain wet-signed originals where the court or statute requires original signatures or notarized affidavits.

Certified Copies

Request certified copies from the clerk for enforcement, name changes, and third-party submissions once the decree is entered.

Where to File and How Documents Flow

Documents typically move from petitioner to clerk, then to the respondent via service; final orders are entered by the court and certified by the clerk.

  • County or District Clerk: Primary filing location for the petition and supporting documents.
  • Court Docketing: Clerk assigns case number and schedules hearings or review.
  • Service of Process: Respondent must be served by permitted methods and service proof returned to the clerk.
  • Entry of Decree: Judge signs and clerk files the final decree; obtain certified copies as needed.

Configuring an Electronic Workflow for Filing

When using electronic tools, configure authentication, file formats, and retention settings to match court requirements and evidence needs.

Field Configuration
Authentication Method Use email link, SMS code, or stronger ID methods when required
Signature Type Select wet signature or allowed e-signature per court rules
Notarization Use in-person notary or RON if the state and court permit
File Format Upload PDF; use PDF/A for archival when requested

Technical Considerations for eSubmission and Storage

Ensure your platform supports the authentication, file formats, and integrations needed for court e-filing and secure recordkeeping.

  • Integrations: Salesforce, NetSuite, Google Workspace and common cloud storage
  • File types: PDF, DOCX, and HTML supported for upload
  • Authentication: Email link, SMS code, or advanced signer verification

Typical eSignature Vendor Pricing and Features

Below is a concise feature and pricing comparison for common eSignature vendors; signNow appears first per standard vendor ordering.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Security, Encryption, and Compliance Overview

In-Transit Encryption: TLS 1.2/1.3
At-Rest Encryption: AES-256
HIPAA Compliance: BAA required
Audit Controls: SOC 2 Type II
ISO Certification: ISO 27001
eSignature Laws: ESIGN and UETA compliant

Practical Tips for Accurate and Efficient Completion

Follow these practical steps to reduce errors, avoid delays, and make filings more likely to be accepted without amendment.

Verify Residency Early
Confirm you meet Montana residency requirements before filing to avoid dismissal for lack of jurisdiction.
Complete Financial Affidavits
Provide current pay stubs, recent tax returns, and bank statements to expedite support and property division decisions.
Keep Organized Exhibits
Label and paginate exhibits, and attach a concise index so the judge and clerk can quickly find supporting items.
Confirm Service Method
Use court-approved service methods and retain proof to avoid challenges to jurisdiction or timing.

Common Preparation Pitfalls to Avoid

  • Failing to serve the respondent correctly, which can result in dismissal or reopening.
  • Using outdated or county-specific forms that the clerk will reject at intake.
  • Incomplete financial disclosures that delay hearings or trigger sanctions.
  • Assuming electronic signatures are acceptable without confirming the court’s policy for family law decrees.

Consequences of Incorrect or Incomplete Filings

Case Dismissal: Incorrect service or venue may lead to dismissal
Sanctions: False statements or missing disclosures risk sanctions
Delayed Resolution: Incomplete paperwork can extend litigation timelines
Enforcement Issues: Unsigned or improperly notarized orders may be unenforceable
Perjury Exposure: Intentional misstatements can carry criminal penalties
E-Sign Limitations: Family law decrees may require original signatures

Key Milestones from Filing to Final Decree

Typical milestone sequence shows the main stages and what to expect at each point in a Montana divorce case.

01

File Petition

Clerk assigns case number and accepts initial documents

02

Service of Process

Respondent must be served and proof returned to clerk

03

Response Period

Respondent may file an answer or counterpetition within the allowed time

04

Final Decree Entry

Court signs decree; clerk issues certified copies

Typical Timing and Response Expectations

Timing rules vary; the list below shows commonly relevant deadlines and timing expectations to monitor after filing and service.

Local Filing Deadlines:

Clerk intake hours and cutoffs vary by county

Response Deadline After Service:

Typically 20–30 days; verify local rule

Hearing Scheduling Window:

Hearing dates depend on court calendar and case type

Final Decree Processing:

Allow clerk processing time for entry and certification

Document Retention Start:

Retention begins at filing or decree entry, as applicable

Frequently Asked Questions About Montana Divorce Filings

Answers to common questions on e-signatures, filing errors, service, notarization, fees, and where to confirm county rules.


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