Uncontested Divorce in Montana: Joint Petition Process Explained

An uncontested dissolution in Montana is the fastest, cheapest, and least stressful way to end a marriage — if both spouses can agree on everything. Filing as Co-Petitioners through a joint petition completely bypasses formal service of process, eliminating the cost and emotional weight of having your spouse formally served with papers.

What Makes a Dissolution "Uncontested"

In Montana, an uncontested dissolution means both spouses agree on every issue: property and debt division, spousal maintenance (if any), and — if you have children — a complete parenting plan and child support arrangement. Both parties sign and file together.

The moment either spouse contests any issue, the case shifts to a different procedural track. Understanding this distinction matters because the contested path takes 9 to 18 months and may require a bench trial, while the uncontested joint petition path can wrap up in 30 to 90 days.

The Joint Petition Forms

Without children: File MP-115 (Joint Petition for Dissolution — No Children) along with MP-500 (Proposed Property Distribution). Both spouses must also exchange MP-510 (Income and Expense Disclosure), though that form is never filed with the court.

With children: File MP-116 instead, and attach a completed MP-300 Parenting Plan plus child support worksheets. Both parents must also complete a mandatory parenting education class under MCA § 40-4-226 before the court will finalize the decree.

The Filing Process

Both spouses sign the joint petition and file it together at the Clerk of District Court. Filing fees total approximately $200 ($170 petition fee, $20 civil fee, $10 technology fee). If you qualify for a fee waiver through the Statement of Inability to Pay, you can eliminate these costs.

Since both parties are Co-Petitioners, there is no summons, no service of process, and no respondent's appearance fee. This alone saves you $70 in court fees plus any process server costs.

Finalize Without a Court Hearing

After the mandatory 21-day waiting period (MCA § 40-4-105), both spouses can submit a Joint Affidavit for Entry of Decree of Dissolution of Marriage Without Hearing. Under MCA § 40-4-108(4), if the judge finds the property distribution equitable and the parenting plan in the children's best interest, the decree can be signed based solely on the written record.

One caveat: some conservative judicial districts routinely deny "decree by affidavit" requests and require a physical hearing regardless. Check your county's local rules or ask the Clerk of Court before assuming you can avoid a hearing.

Common Mistakes That Delay Uncontested Cases

Even cooperative couples hit procedural snags. The most frequent:

• Skipping the MP-510 exchange. Both spouses must complete and exchange income disclosures, even in a joint filing. If the petitioner submits the Request for Hearing without certifying that both parties exchanged disclosures, the court will refuse to enter the decree.
• Incomplete parenting plan. For cases with children, the MP-300 series must address residential schedule, decision-making authority, dispute resolution, and transportation arrangements. Courts reject vague plans.
• Blank form fields. Write "N/A" in every field that doesn't apply. The clerk rejects forms with empty blanks.

When Uncontested Isn't an Option

If you and your spouse agree on most issues but can't resolve one or two sticking points, consider mediation before defaulting to the contested track. The Montana Family Transition Project provides up to 15 hours of free mediation for qualifying low-to-moderate-income parents. A successful mediation converts your case back to the uncontested path, with amended documents filed as "Amended Agreed."

The Montana Divorce Filing Process Guide includes settlement worksheets and a parenting plan builder to help you and your spouse reach agreement on every issue before you file.

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