Montana Dissolution Without Children (2026)

With no minor children, a Montana agreed dissolution focuses on property, debts, and maintenance — a streamlined process with no parent education requirement.

Overview

The Agreed Dissolution Process (No Children)

1. Confirm: either party has lived in Montana for 90+ days
2. Identify District Court county
3. Inventory all marital and separate property
4. Draft and finalize the Separation Agreement; both sign and notarize
5. Obtain forms from courts.mt.gov/Self_Help/Family_Law
6. File Petition and Separation Agreement at District Court; pay $200
7. Serve Respondent (or get Acceptance of Service) — or file jointly as co-petitioners (no service needed)
8. No waiting period — schedule final hearing
9. Appear; judge reviews Separation Agreement; Final Decree of Dissolution entered

Separation Agreement — What to Cover (No Children)

Marital Real Property

For each property:

• Legal description; agreed FMV; mortgage balance; marital equity
• Assignment: one keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → County Clerk and Recorder) or sale (proceeds split; timeline)

Marital Financial Accounts

• Institution, type, balance; assignment; transfer

Retirement Accounts

• QDRO for employer plans
• IRA: transfer incident to dissolution
• MPERA: DRO after Final Decree — mpera.mt.gov

Vehicles

• Assignment; loan assumption; Montana DMV title transfer

Marital Debts

• Creditor, balance, who assumes, indemnification

Maintenance

Award — or explicit waiver: "Each party waives any and all claims for maintenance, now and forever."

Separate Property Acknowledgment

State each spouse's separate property explicitly; confirm it remains with that spouse. Note: Montana courts have broader discretion to divide separate property than many states — document clearly.

Joint Filing Option

Montana allows both spouses to file as joint petitioners — both sign the Petition and Separation Agreement. No service step. This is the fastest path for agreed dissolutions with no children.

Last reviewed: March 2026 | "Dissolution of Marriage" | "Irretrievable breakdown" — only ground | 90-day residency | No waiting period | No parent requirement (no children) | $200 fee | Joint filing option | County Clerk and Recorder for deed recording | courts.mt.gov/Self_Help/Family_Law | montanalegal.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.