Montana Divorce Filing Fee: Full Cost Breakdown and Fee Waiver Guide
Montana Divorce Filing Fee: Full Cost Breakdown and Fee Waiver Guide
Court fees for a Montana dissolution of marriage follow a statutory schedule set by MCA § 25-1-201. The baseline costs are predictable, but most guides only mention the filing fee and skip the other charges that add up. Here's every fee you'll encounter and how to waive them if you qualify.
Court Fees by Stage
Filing the Petition (Day 1)
| Fee | Amount |
|---|---|
| Petition filing fee | $170 |
| Civil fee | $20 |
| Technology fee | $10 |
| Total to file | $200 |
Some counties add local surcharges. Gallatin County, for example, collects $250 at filing by combining the initial filing fees and the judgment fee upfront.
Respondent's Appearance
If you filed individually and your spouse wants to respond, they pay:
| Fee | Amount |
|---|---|
| Appearance fee | $60 |
| Technology fee | $10 |
| Total to respond | $70 |
Joint petition filers skip this — there's no respondent in a joint filing.
Finalization
| Fee | Amount |
|---|---|
| Entry of judgment fee | $50 |
| Certified copy of decree | $10 |
| Seal fee | $2 |
| Total to finalize | $62 |
Service Costs (Variable)
| Method | Approximate Cost |
|---|---|
| Mail acknowledgment (MP-403.1) | $10–$20 |
| Sheriff service | ~$50 |
| Private process server | $50–$150 |
| Service by publication | Varies (newspaper rates) |
Joint petition filers pay nothing for service — it's completely bypassed.
Total Cost Scenarios
Uncontested joint petition (cheapest): $200 filing + $50 judgment + $12 certified copies = approximately $262.
Individual filing, cooperative respondent: $200 filing + $50 service + $70 response + $50 judgment + $12 copies = approximately $382.
Default (unresponsive spouse): $200 filing + $50 service + $50 judgment + $12 copies = approximately $312 (no response fee since the respondent didn't appear).
These figures are court costs only. They don't include parenting class fees ($30–$80), mediator fees, or attorney consultations if needed.
How to Get a Fee Waiver
Montana allows fee waivers through the Statement of Inability to Pay Court Costs and Fees. This form must be filed and approved by a judge before the clerk will process your petition.
To qualify, you generally need to demonstrate that paying the fees would create a financial hardship. Factors the judge considers include household income, assets, monthly expenses, and whether you receive public assistance.
If approved, the waiver covers filing fees, the respondent's appearance fee (if the respondent also files a Statement), and sheriff service costs. It does not cover newspaper publication fees for service by publication or private process server fees.
The respondent can file their own separate Statement of Inability to Pay to waive the $70 response fee.
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How Montana Compares
For context on what you're saving by filing pro se:
- Traditional attorney retainers in Montana range from $5,000 to $20,000+, with hourly rates of $150 to $390+
- Online document preparation services charge $139 to $500
- The total court cost for a DIY joint petition is under $300
The Montana Divorce Filing Process Guide includes a fee waiver eligibility worksheet and a step-by-step guide to filing the Statement of Inability to Pay correctly.
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