Reviewed August 2026
Cost and Filing Fees in Montana
A petition for dissolution of marriage in Montana costs $170 to file with the clerk of district court. Montana Code Annotated 25-1-201 sets that fee schedule. The fee is not a single flat charge. The statute splits it into pieces that fund the children's trust fund, domestic violence legal assistance, and domestic violence intervention programs, in addition to the court's own costs. Someone who cannot afford the filing fee can skip prepaying it by filing an affidavit under Montana's 'poor persons' statute. Beyond the filing fee, the biggest cost variables in a Montana divorce are serving the other spouse, whether your filing district requires a parenting class, and how contested the case becomes. Montana runs 22 judicial districts that operate somewhat independently on local procedure. Filers should confirm district-specific requirements with the clerk of district court in the county where they file.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under Montana law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Montana paperwork. See how Virdix works for California divorces.
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District court filing fee
MCA 25-1-201 sets the fee for a petition for dissolution of marriage at $170. The statute directs part of that amount to specific state funds: $5 goes to the children's trust fund account, and additional amounts go to domestic violence legal assistance and domestic violence intervention programs. A petition for legal separation costs $150 to file. A contested petition to amend a final parenting plan costs $120. These fees come from state statute, so they apply the same way in every Montana county's district court. The Legislature periodically amends fee statutes, so filers should confirm the current amount with the clerk before filing.
Fee waiver for those who cannot pay
Montana law lets a person who cannot afford the filing fee ask the court to waive prepayment under MCA 25-10-404, sometimes called informally the 'poor persons' statute. The filer submits an affidavit, backed by a financial statement, stating they have a valid case and cannot afford the costs. A filer represented by a free legal aid organization for low-income people can skip the financial statement requirement. Incarcerated filers face additional requirements, including a certified statement of their trust fund account activity for the prior six months, and a judge may still order them to make partial payments from available funds.
Serving the other spouse
Once filed, the petition and summons must be served on the other spouse before the case can move forward. A sheriff's office or a private process server typically handles this, and both charge a fee separate from the court's filing fee. If the other spouse cooperates, signing an acceptance of service avoids that added cost. Locating and serving a spouse whose whereabouts are unknown can require a motion for alternate service, which adds both time and cost to the case.
Parenting classes and local district requirements
Montana does not run one statewide parenting class program the way some states do. Requirements for parent education, mediation, or a settlement conference before a hearing can vary between the state's judicial districts. Some districts require parents in a case involving minor children to complete a parenting class or attend a co-parenting orientation before a final decree. The fee for that class is generally set and collected by the provider running it, not the court. Filers should confirm with the clerk of district court in their county whether a class applies to their case and what it costs.
What makes a Montana divorce cost more
The filing fee and a basic service fee are only the starting cost. A case grows more expensive when spouses disagree over parenting arrangements, property division, or maintenance (Montana's term for spousal support). Those disputes can require additional hearings, discovery such as requests for financial records, appraisals of real property or a business, and, in some districts, mediation beyond any free program the court offers. An uncontested case, where both spouses agree on the terms and file jointly, typically avoids most of these added costs. A contested case headed toward trial does not.
Sources: Montana Code Annotated 25-1-201, Fees of clerk of district court, Montana Code Annotated 25-10-404, Poor persons not required to prepay fees, Montana Judicial Branch Court Help Program (self-help)
Not independently confirmed
- Whether any Montana judicial district charges e-filing convenience fees
- Statutory sheriff service fee amounts by county
- Which specific judicial districts require a parenting class and each provider's price
Cost and Filing Fees in Montana: frequently asked questions
How much does it cost to file for divorce in Montana?+
Montana Code Annotated 25-1-201 sets the filing fee for a petition for dissolution of marriage at $170, paid to the clerk of district court when you file. This is a statewide statutory fee, so it applies the same way in every county's district court. Fee statutes get amended periodically, so confirm the current amount with your local clerk before filing.
What if I can't afford the Montana filing fee?+
You can ask the court to waive prepayment of the fee under MCA 25-10-404 by filing an affidavit, backed by a financial statement, that shows you have a valid case and cannot afford the costs. If a free legal aid organization for low-income people represents you, you can skip the financial statement requirement. Incarcerated filers face additional documentation requirements.
Does Montana charge extra to serve my spouse with divorce papers?+
Yes. Serving the petition and summons through a sheriff's office or private process server costs money separate from the $170 filing fee, and the amount depends on which method you use. If your spouse cooperates and signs an acceptance of service, you can avoid this cost. If their location is unknown, you may need a motion for alternate service, which adds cost and time.
Is a parenting class required in a Montana divorce with children?+
It depends on the judicial district where you file. Montana does not run one statewide mandatory parenting class program. Some of the state's 22 judicial districts require a parenting or co-parenting class before finalizing a case involving minor children, and others handle it differently. Ask the clerk of district court in your county whether a class applies to your case and what the provider charges.
Where does the Montana filing fee money go?+
MCA 25-1-201 splits the $170 dissolution filing fee among several purposes. Part goes to the court, and set amounts go to the children's trust fund account and to domestic violence legal assistance and intervention programs. The statute builds in this allocation; it is not an optional add-on fee.
What makes a Montana divorce cost more than the filing fee?+
Contested cases cost more. Disagreements over parenting plans, property division, or maintenance can require added hearings, discovery, appraisals of property or business interests, and mediation. An uncontested case, where both spouses agree and file jointly, generally keeps costs close to the filing and service fees. A contested case headed toward trial adds significantly more.
This page is general information about cost and filing fees in Montana, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Montana's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Montana. Virdix does not prepare or file Montana divorce paperwork. It is not a substitute for an attorney licensed in Montana.
More Montana divorce guides
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