Montana Divorce Checklist: Every Document You Need to File

The Clerk of District Court will reject your dissolution filing for a blank field, a missing signature, or the wrong number of copies. Pro se filers in Montana lose weeks to these administrative bouncebacks — not because the law is against them, but because nobody gave them a complete list of what goes in the packet before they drove to the courthouse.

Here is that list, organized by filing phase.

Phase 1: The Initial Filing Packet

These documents go to the Clerk of Court on day one. Bring the original plus two copies of everything unless your county specifies otherwise.

Without minor children (MP-112 packet):

• Petition for Dissolution of Marriage (MP-112) — signed and verified under oath
• Summons and Automatic Economic Restraining Order (MP-400) — the clerk issues this after you file the petition
• Proposed Property Distribution (MP-500) — your proposed division of all assets and debts
• Preliminary Disclosure of Income and Expenses (MP-510) — served on your spouse only, never filed with the court
• Statement of Inability to Pay (if requesting a fee waiver) — must be approved by a judge before the clerk assigns a case number

With minor children (MP-113 packet):

• Everything above, but use MP-113 instead of MP-112
• Proposed Parenting Plan (MP-300 series) — mandatory, covering physical custody, decision-making, holiday schedule, and relocation provisions
• Child support calculation worksheet
• Medical insurance disclosure for each child

Joint petition filers use MP-115 (no children) or MP-116 (with children) instead of MP-112/113. Both spouses sign as co-petitioners, and formal service of process is bypassed entirely.

Phase 2: Service of Process Documents

After filing, you must serve the respondent. The documents needed depend on your service method:

Mail acknowledgment method:

• Notice and Request for Acknowledgment of Service (MP-403.1) — two copies
• Prepaid return envelope addressed to you
• Complete copy of all filed documents

Sheriff service:

• Request for Sheriff to Serve Documents (MP-401)
• Complete copy of all filed documents plus the service fee (typically ~$50)

Service by publication (last resort):

• Request for Order Granting Service of Summons by Publication (MP-402.1)
• Affidavit of Due Diligence detailing all search efforts
• Judge's signed order authorizing publication

Phase 3: Proof of Service

Once service is completed, file the proof with the court within 30 days:

• Acknowledgment of Receipt of Service (MP-403.2 or MP-414) — if served by mail
• Sheriff's Return of Service — if served by sheriff
• Proof of Publication — if served by publication
• Original summons returned to the court

Phase 4: The Response (Respondent Only)

If you received papers, file within 21 calendar days of service:

• Response to Petition for Dissolution (MP-201) — signed and verified
• Your own Proposed Property Distribution (MP-500)
• Your own Preliminary Disclosure of Income and Expenses (MP-510) — served on petitioner, not filed
• Your own Proposed Parenting Plan (if children are involved)
• Filing fee of $70 ($60 appearance + $10 technology) or an approved fee waiver

Phase 5: Finalization Documents

Once all terms are agreed upon or adjudicated:

• Request for Hearing (MP-701) — or Joint Affidavit for Entry of Decree Without Hearing (if both parties agree to skip the hearing)
• Decree of Dissolution (MP-713 for no children, MP-703 for children with parenting plan)
• Notice of Entry of Decree (MP-704) — filed with the clerk and served on the other party, starting the 30-day appeal window
• Judgment fee of $50

Financial Documents to Gather Before You Start

Beyond the court forms, you will need these supporting records to complete your property distribution and financial disclosures accurately:

• Tax returns for the past 2-3 years
• Pay stubs for the past 3 months (both spouses)
• Bank and investment account statements
• Mortgage and loan statements
• Credit card statements showing current balances
• Retirement account statements (401(k), IRA, pension)
• Vehicle titles and registration
• Real estate appraisals or comparable sales data
• Insurance policy declarations pages (life, health, auto, home)
• Business financial statements (if either spouse owns a business)

Common Rejection Triggers

Clerks reject filings most often for:

• Blank fields that should read "N/A" or "None"
• Missing signatures or unsigned verification pages
• Using outdated form versions (check courts.mt.gov/forms for current versions)
• Wrong number of copies
• Filing the MP-510 with the court instead of serving it only on the spouse
• Missing parenting plan in cases with minor children

The Montana Divorce Filing Process Guide organizes every form, deadline, and copy count into a sequential checklist — designed to survive the clerk's review process on the first attempt.

See more Montana guides →