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Uncontested Divorce in Montana

How to get an uncontested divorce in Montana. Process, costs, and timeline. Montana follows equitable distribution.

Property Type

Equitable

Filing Fee

$170–$230

Median Cost

$7,500–$30,000

Annual Divorces

4,000+

Understanding Uncontested Divorce in Montana

To file for divorce in Montana, you must meet Montana’s residency requirement of 90 days. The filing fee is $170–$230. There is a mandatory waiting period of 20 days before the divorce can be finalized.

Montana only allows no-fault divorce. You file on the grounds of irreconcilable differences or irretrievable breakdown of the marriage.

An uncontested divorce in Montana typically costs $7,500 and takes 2–4 months. Contested cases average $30,000 and can take 12–18 months or longer. The governing statute is Mont. Code §40-4-104.

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Common Questions

How long do you have to live in Montana to file for divorce?
Montana requires 90 days of residency before you can file for divorce. Mont. Code §40-4-104 governs the filing requirements.
Is Montana a community property or equitable distribution state?
Montana follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Montana?
Filing fees in Montana range from $170–$230. The median total cost is approximately $7,500 for uncontested divorces and $30,000 for contested cases.
How long does a divorce take in Montana?
Montana has a mandatory waiting period of 20 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Montana?
Montana uses the Melson Formula, a modified income shares model with a self-support reserve. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about uncontested divorce in Montana and is not legal advice. Verify current statutes with Mont. Code §40-4-104 or consult a licensed Montana attorney. Last reviewed March 2026.