This page explains how to file for divorce in Montana with a joint petition when the spouses have no minor children and agree on how to divide their property. The MP-22 guide, issued by the Montana Judicial Branch, walks through the three steps of the process and lists the forms to file with the Clerk of District Court. You can fill out the form online on FillingPDF and download or print the completed PDF. The original guide and the full packet of forms are published by the Montana Judicial Branch at courts.mt.gov.
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What is MP-22?
How to File for Divorce in Montana (Joint Dissolution without Children) is the Montana Judicial Branch's MP-22 guide to filing a joint petition for dissolution of marriage when spouses have no minor children and agree on property. It is a three-page information sheet, not a petition.
The guide explains three steps: exchanging financial information, filing the completed forms with the Clerk of District Court, and attending the final hearing. It also gives the forms checklist for the packet. The petition itself is Joint Petition for Dissolution MP-122, the formal request for the Court to dissolve the marriage.
The guide states that it is information only and not legal advice, that it is based on Montana law and applies only to dissolutions in Montana, and that it is not guaranteed to be up to date. It is copyrighted by Montana Legal Services Association and the Montana Judicial Branch and is free for non-commercial use; the guide says that if you paid for these forms, you should ask for your money back.
It also points to help: the Court Help Program, Montana Legal Services Association, and the State Bar of Montana Lawyer Referral Service.
Who needs to file MP-22?
The guide says these are the right forms if you are married, do not have minor children from the marriage, and you and your spouse agree on how your property should be divided.
- Both spouses exchange the financial disclosure with each other, and both take part in the joint filing.
- Spouses who cannot afford the court fees may use Statement of Inability to Pay Court Costs and Fees MP-001.
- A spouse who cannot attend the final hearing may file a notarized MP-130 Consent to Entry of Decree.
The guide describes these forms only for the situation above. It does not say what to use if you have minor children from the marriage or if you and your spouse disagree about property, so check with the Clerk of District Court, a Court Help Center or an attorney. Court Help staff are not lawyers and cannot provide legal advice.
When to file MP-22
You file the completed forms packet once you and your spouse have completed the forms and exchanged financial information. The guide sets no deadline for starting a dissolution.
When you start the case, an Automatic Economic Restraining order goes into effect. It limits what either person can do with money and property until the divorce is complete; the full rules are in Montana Code Annotated, §40-4-126.
After filing, you should receive a scheduling order within 120 days of filing with the Clerk of District Court. The guide notes that the steps may differ slightly by judicial district, so ask the Clerk of District Court at your county courthouse about local requirements.
Documents you need
- Joint Petition for Dissolution MP-122: the formal request for the Court to dissolve your marriage.
- Request for a Final Hearing on Joint Dissolution MP-122.1.
- Court Order on Hearing for Joint Dissolution MP-122.2: you fill out only the header; the Court completes the rest.
- Joint Proposed Property Distribution MP-521: your proposal for dividing marital property, including land, vehicles, bank accounts, personal property and debts; the Court must approve all existing assets.
- Decree of Joint Dissolution MP-722: you fill out only the header, K. Spousal Maintenance, and L. Previous Names; the Court completes the rest.
- Statement of Inability to Pay Court Costs and Fees MP-001: only if you cannot afford the court fees; it may differ by local court.
- Joint Disclosure of Income and Expenses MP-520: complete it and exchange it with your spouse; do not file it with the Court.
- Notarized MP-130 Consent to Entry of Decree: only if a party cannot attend the final hearing.
How to fill out MP-22
Confirm these forms fit you
The guide says to use them if you are married, have no minor children from the marriage, and agree on how to divide your property. Read the Information Not Legal Advice notice on page 1.
Exchange financial information with your spouse
Each spouse completes the Joint Disclosure of Income and Expenses MP-520 and exchanges it with the other. Do not file it with the Court.
Complete the fee form if needed
Fill out Statement of Inability to Pay Court Costs and Fees MP-001 only if you cannot afford the court fees. Ask a Self-Help Law Center or the Clerk of District Court whether your court prefers a different version.
Complete the Joint Petition MP-122
Fill out Joint Petition for Dissolution MP-122, the formal request for the Court to dissolve your marriage.
Complete the hearing forms
Fill out Request for a Final Hearing on Joint Dissolution MP-122.1. On Court Order on Hearing for Joint Dissolution MP-122.2, fill out only the header.
Prepare the property distribution
Complete Joint Proposed Property Distribution MP-521 with land, vehicles, bank accounts, personal property, debts and other existing assets. The Court must approve all existing assets.
Fill in parts of the Decree MP-722
On Decree of Joint Dissolution MP-722, fill out only the header, K. Spousal Maintenance, and L. Previous Names. Leave the rest for the Court.
Plan for the final hearing
Expect a scheduling order within 120 days of filing. If a party cannot attend, they may file a notarized MP-130 Consent to Entry of Decree.
Review and download the completed PDF
Check that every form you need is complete and that MP-520 is set aside for exchange only. Download or print the completed PDF from FillingPDF, then follow the filing channel described under How to submit.
How to submit MP-22
You file the completed forms packet in person's court records through the Clerk of District Court in the county where you or your spouse live. The guide names no other channel.
- What to bring: make copies of the full list of forms, then take the originals to the Clerk of District Court office. The Clerk keeps the original set; you may keep official copies in a safe place.
- What not to file: do not file the Disclosure of Income and Expenses MP-520. Only exchange it with your spouse.
- Local rules: requirements may differ in your judicial district, so check with the Clerk of District Court.
- Help: Court Help services are listed at https://courts.mt.gov/SelfHelp/ or by phone at 406-444-9300.
After the hearing, ask the Clerk of Court's office for a copy of your final Dissolution Decree and Property Distribution. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing the Disclosure of Income and Expenses MP-520 with the Clerk; the guide says to exchange it with your spouse only.
- Not exchanging financial information; the Court may refuse to finalize the divorce or force you to give your spouse anything you failed to disclose.
- Filling out more than the header on Court Order on Hearing for Joint Dissolution MP-122.2; the Court completes the rest.
- Completing parts of Decree of Joint Dissolution MP-722 other than the header, K. Spousal Maintenance and L. Previous Names.
- Filing in a county where neither you nor your spouse lives; filing is with the Clerk of District Court in the county where one of you lives.
- Skipping the local check; steps may differ in your judicial district, so ask the Clerk of District Court about local requirements.
- Missing the final hearing without filing a notarized MP-130 Consent to Entry of Decree.
- Leaving existing assets out of the Joint Proposed Property Distribution MP-521; all existing assets must be approved by the Court.
- Taking only copies to the clerk; the original forms go to the Clerk of District Court office.
Frequently asked questions
How to file for divorce in Montana without children?
If you are married, have no minor children from the marriage and agree on property, you complete the joint dissolution forms and file them with the Clerk of District Court in the county where you or your spouse live. Exchange the MP-520 financial disclosure with your spouse first, but do not file it.
Where do I file the joint dissolution forms in Montana?
File them with the Clerk of District Court in the county where you or your spouse live. Take the original forms to the Clerk's office; the Clerk keeps the originals and you may keep copies. Check local requirements with the Clerk, as steps may differ by judicial district.
Do I file the Disclosure of Income and Expenses MP-520?
No. The guide says not to file MP-520 with the Court. Each spouse completes it and exchanges it with the other. The exchange is required by law, and the Court may refuse to finalize your divorce if you do not exchange this information.
What if I cannot afford the court fees?
Use Statement of Inability to Pay Court Costs and Fees MP-001 and include it with your packet. The form may differ by local court, so ask a local Self-Help Law Center or the Clerk of District Court. The guide gives no fee amounts.
How long until I get a hearing date?
You should receive a scheduling order within 120 days of filing with the Clerk of District Court. The judge makes decisions on your case at the final hearing, so attending is very important.
What if one spouse cannot attend the final hearing?
A party who cannot attend may file a notarized MP-130 Consent to Entry of Decree. If you requested to waive your hearing, ask the Court for a copy of your final signed Decree of Dissolution MP-722.
Can I fill out these forms online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file anything with the Montana courts; you file the forms with the Clerk of District Court yourself.
Where can I get free help with the Montana forms?
The Court Help Program helps people representing themselves and can review forms for completeness; call 406-444-9300 or visit https://courts.mt.gov/SelfHelp/. Low-income Montanans can contact Montana Legal Services Association at 1-800-666-6899. Staff are not lawyers and give no legal advice.
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