Uncontested Divorce Checklist in Montana

What makes a Montana divorce uncontested

A case is uncontested when both spouses agree the marriage is over. They also need to work out property division, debt, and spousal maintenance before or shortly after filing. If they have children, they need a parenting plan and child support too. Montana's sole ground for dissolution is that the marriage is irretrievably broken. A petitioner can show that with 180 or more days of separation, or with serious marital discord. No separation period is required under the second option, so agreeing spouses do not need to wait it out. An uncontested case still follows the standard petition and response process. What changes is that the respondent does not fight the terms. That lets the case move to a final hearing without discovery or trial.

The summary dissolution shortcut and who actually qualifies

Montana Code Annotated 40-4-130 lets a couple use summary dissolution. It is a joint petition process built for simple estates. Every one of these conditions must be true at filing. Both spouses must meet Montana's residency rule. Both must agree irreconcilable differences have broken the marriage. The wife cannot be pregnant. If there are children, the couple must already have a signed parenting plan with child and medical support set by court or administrative order. Couples with no children automatically meet this condition.

Neither spouse can hold an interest in real property, other than a short residential lease with no purchase option. The couple cannot have more than $20,000 in unpaid, unsecured debt taken on since the marriage. Their combined assets, apart from secured debt, must total less than $50,000. Both spouses sign a written agreement dividing property and debt. They also waive spousal maintenance, and waive the right to appeal or seek a new trial once judgment enters. Couples who own a home, carry significant debt, or want maintenance will not qualify. They file a standard joint or one-party petition instead.

Document checklist

A standard uncontested Montana dissolution typically includes a Petition for Dissolution of Marriage. It uses Montana's self-help MP-series packet, such as MP 112 for cases without children. The filing also requires a Summons, a proposed Property and Debt Distribution, and a proposed Final Decree. Cases with children add a parenting plan and child support worksheet. Couples using the summary dissolution track file a joint petition instead, along with the signed property and debt agreement described above. They must also confirm they have read and understood the summary dissolution brochure required by MCA 40-4-136 before the court will accept the case. A fee waiver affidavit, authorized under MCA 25-10-404, is available for anyone who cannot afford the filing fee.

Is a hearing required

Yes, for both tracks. Montana district court cannot enter a final judgment on the papers alone. For summary dissolution specifically, MCA 40-4-133 requires a hearing at least 20 days after the joint petition is filed. Both spouses must personally appear. If the judge confirms the eligibility conditions are met, the court enters final judgment at that hearing. A standard uncontested dissolution likewise ends with a final hearing. It is typically brief, since there is no dispute left to resolve. Filers should confirm the local district's scheduling practice with the clerk of district court. Montana's 22 judicial districts handle calendaring independently.