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District Court

Public records held at the Clerk of District Court’s office include marriage licenses, probate, dissolution (divorce), civil, and criminal files. To request information on a person, you may come to the office or write a letter asking for the information. Please include payment in written requests; searches will not be conducted without receipt of the proper fee amount.

  • Search Fee: $2.00 per name per year for the first 7 years then $1.00 for each additional year.
  • Marriage License Fee: $5.00 for a copy of a marriage license, $7.00 for a certified copy (used for legal purposes).
  • Dissolution Decree Fee: $10.00 for copy of divorce decree, $12.00 for a certified copy.
  • Copy Charges: $1.00 per page for the first 10 pages, then $0.50 thereafter.

It is best to send two checks when requesting a marriage license or divorce decree; one check to cover the search costs, the other for the cost of the document you requested. If a record is not found, the check for the document fee will be returned to you.

If you know the exact year of the marriage/divorce, the search fee will not be required.

Information we require to conduct a search:

  • Full name of person (please also identify maiden name or name used at the time)
  • Date of the marriage/divorce – month, day, year to the best of your ability. If only a span of years is known, that will be acceptable.
  • Type of search to conduct – marriage license, divorce decree, search of court records for a particular case type
  • Type of document requested – a simple copy or a certified copy
  • Payment for the search and for the document if on is found

When requesting court documents such as in a probate and the exact number of pages of a document is unknown, you may either request a search and wait for the reply before sending payment for the copy charges, or include a blank check not to exceed the amount you determine to receive the document as soon as the search is conducted.

Cost: $53.00 cash / Exact amount preferred (No personal checks or credit cards accepted)

Identification Over 21 years of age:

  • Present one of the following: 
    • Valid Driver’s License
    • State Issued ID Card
    • Military ID
    • Passport

Identification Under 21 years of age:

  • Present on of the above IDs AND Certified copy of Birth Certificate

Blood Test: If the bride is under the age of 50, there is a Consent/Waiver available to sign if you choose not to have the Rubella Blood Test or the bride may bring the Rubella Certificate if she wishes to have the blood test.

Waiting Period: The license is effective immediately upon issuance and expires after 180 days.

Information needed:

  • A copy of the Decree of Dissolution
  • Parties’ birthplace (City, County, State)
  • Parents’ full names, including mother’s maiden name
  • Parents’ birth state
  • If widowed, date of death, county and state in which it occurred
  • Certified Copy: $7.00 each – Available upon request of bride or groom.

Montana Marriage Application

The Clerk of District Court’s office is restricted from providing legal advice because we are not practicing attorneys. However, in a few instances, we do offer templates that you may use to file a divorce proceeding as Pro Se (without an attorney.)

The following packets are available for $10.00:

  • Uncontested Dissolution of Marriage without children and no real property
  • Summary Dissolution of Marriage without children
  • Summary Dissolution of Marriage with children

If you choose to use one of these packets, the filing fee is $200.00 and the judgment entry fee is $45. Fees can be made in one payment to the Clerk of Court. If you are unable to pay the fees, you can file an Affidavit of Inability to Pay, which is available from our office. It must be approved by a District Court Judge before you will be allowed to file for dissolution.

Additional information is available from the State Bar Association at www.montanalawhelp.org and from the State Law Library at http://courts.mt.gov/library/default.asp.

SEC, 25-1-201, 25-1-202, 3-1-317, 50-15-301, 25-9-506, MCA

Effective October 1, 2005

ADOPTIONS
Filing Petition
$105.00
AMENDMENT OF PARENTING PLAN
Contested only (does not apply to cases dealing with child support only)
$120.00
APPEAL FROM LOWER COURT
Does not apply to Small Claims cases
$30.00
APPEARANCE
For the appearance of each defendant or each respondent
$70.00
AUTHENTICATION/EXEMPLIFICATION
For authenticated or exemplified copies for out-of-state jurisdictions
$6.00
CERTIFICATION
For certification with a seal
$2.00
CIVIL COMMENCEMENT OF ACTION
For each action or proceeding from the plaintiff, petitioner, or appellant (includes invalidity)
$120.00
COPY OF DECREE OF DISSOULUTION
For each copy of a decree (separately filed parenting plans or property settlement agreements not included) [does not include certification]
$10.00
COPY OF MARRIAGE LICENSE
For each copy of a marriage license [does not include certification]
$5.00
COPIES OF OTHER DOCUMENTS
$1.00 per page for first ten pages
$0.50 per page thereafter
DECLARATION OF MARRIAGE
For filing and recording the declaration
$53.00
DISSOLUTION COMMENCEMENT OF ACTION
For filing Petition (Includes Summary and Joint Dissolution)
$200.00
EXECUTIONS/WRITS OF ASSISTANCE/ORDERS OF SALE
For Issuance
$5.00
FOREIGN CAPITAL DEPOSITORY JUDGMENT
For filing authenticated copy and docketing (no cost for registering out of state custody decrees & support order, 40-5-173, MCA)
$90.00
FOREIGN CAPITAL DEPOSITORY JUDGMENT
For filing the judgment
$2,500.00
FOREIGN PROBATE
With certificate
$85.00
INTERVENTION COMPLAINT
For filing a complaint in intervention
$80.00
JUDGMENTS
For entry of judgment from prevailing party
$45.00
LEGAL SEPARATION COMMENCEMENT OF ACTION
For filing petition
$180.00
MARRIAGE LICENSE ISSUANCE
For issuing, filing, and recording marriage
$53.00
NOTARIZATION /OATH AND JURAT
For each Notarization with Court seal
$1.00
PROBATE/GUARDIANSHIP/CONSERVATORSHIP COMMENCEMENT OF ACTION
For filing Formal/Informal or Ancillary Petition
$100.00
PROCESS SERVER REGISTRATION
For registration
$100.00
SEARCHES
$2.00 per name per year up to 7 years – $1.00 per name thereafter (no maximum charge limit)
SUBSTITUTION OF JUDGE
For each motion filed (not in criminal cases)
$100.00
TRANSCRIPT/ABSTRACT OF JUDGEMENT
For preparation of a transcript
For filing a transcript from another jurisdiction
$4.00
$45.00
TRANSMISSION OF RECORD OR FILES OR TRANSFER OF A CASE TO ANOTHER COURT
[Includes removals to Federal District Court and forwarding appeals to Supreme Court]
$5.00
VENUE CHANGE
For filing from another district court (incoming)
For sending file to another jurisdiction (outgoing)
$10.00
$5.00