Yes, you and your spouse can settle everything before a divorce case is ever filed, and Montana law is written to encourage it. To work, the agreement has to be complete, in writing, and backed by honest financial disclosure, and a court still reviews it before entering a decree. This page covers what "everything" means, the limits on what you can decide about your children, and how a signed agreement becomes a decree. It is part of our Montana Divorce Guide.
What "Everything" Means
A court cannot enter a decree until it has "considered, approved, or made provision for parenting, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property" (MCA § 40-4-104(1)(c)). The statute that allows a decree without a hearing describes the agreement the court expects to see: provisions for disposition of any property owned by either or both parties, distribution of any debts, maintenance of either party, and support, parenting, and parental contact with any minor children (MCA § 40-4-108(4)(b)(ii)(C)).
| Subject | What to decide | Effect on the court |
|---|---|---|
| Property | Who keeps each asset, including the home, vehicles, accounts, retirement, and business interests | Binding unless unconscionable (§ 40-4-201(2)) |
| Debts | Who pays each debt, joint or individual | Binding unless unconscionable |
| Maintenance | Whether either spouse pays the other, how much, and for how long, or a clear statement that none is paid | Binding unless unconscionable |
| Parenting plan | Where the children live and when, decision-making, holidays, and how future disputes are handled | Not binding. Best interest of the child (§ 40-4-212(1)) |
| Child support and medical support | A guideline calculation and who provides health coverage | Not binding. Guidelines apply in all cases (§ 40-4-204(3)(a)) |
Gaps cause trouble later. An agreement that divides the house but says nothing about the mortgage, or that mentions a retirement account without saying how it will be divided, leaves a question someone will have to answer after the decree. Our guide to the separation agreement explains how the document works.
Disclose Before You Sign
Agreement does not excuse disclosure. Montana requires two rounds:
- A preliminary declaration of disclosure, with an income and expense declaration, within 60 days of service of the petition. The parties may stipulate in writing, or orally in open court, to waive it or change the timing (MCA § 40-4-252(1)).
- A final declaration of disclosure and current income and expense declaration, executed under penalty of perjury, "before or at the time that the parties enter into an agreement for the resolution of property or support issues" (MCA § 40-4-253(1)(a)(i)). The parties may stipulate to change the timing of the exchange, and each party files a declaration that it was served (MCA §§ 40-4-253(1)(b), 40-4-254).
These rules protect both of you. A spouse who signs without knowing what exists cannot make an informed trade, and a spouse who leaves something out risks losing it. An asset omitted from the final declaration is presumed to be grounds for awarding it to the other spouse (MCA § 40-4-253(4)), and a decree may be modified for failure to disclose assets and liabilities (MCA § 40-4-201(7)). See our financial disclosure guide.
Why Child Support Still Follows the Guidelines
Parents cannot simply pick a child support number, or agree that none will be paid, and expect the court to adopt it. The statute is direct. Whenever a court issues or modifies a child support order, it applies the uniform child support guidelines, and "the guidelines must be used in all cases, including cases in which the order is entered upon the default of a party and those in which the parties have entered into an agreement regarding the support amount" (MCA § 40-4-204(3)(a)).
The guideline amount "is presumed to be an adequate and reasonable support award" unless the court finds by clear and convincing evidence that applying the guidelines is unjust to the child or to a party, or is inappropriate in the particular case. Where the parties have agreed to an amount that varies from the guideline amount, the court must state its reasons and the amount the guidelines would have produced. If no support is ordered, the court must state its reasons for that too (MCA § 40-4-204(3)(a) to (c)).
So an agreement on child support should start with a guideline calculation, and any departure needs a reason a judge can adopt. See how child support is calculated.
The Parenting Plan Is a Proposal to the Court
In every dissolution involving a child, each parent, or both jointly, must submit a proposed final parenting plan in good faith, and a final plan must be incorporated into the decree (MCA § 40-4-234(1)). Parents who agree submit one plan together.
The separation agreement statute excludes terms on "the support, parenting, and parental contact with children" from the terms that bind the court (MCA § 40-4-201(2)). The court determines the parenting plan "in accordance with the best interest of the child," and the wishes of the parents are one of the factors it considers (MCA § 40-4-212(1)(a)). A plan both parents support and that covers the subjects in the statute gives the court what it needs. Our guide to what a parenting plan must include lists them.
Turning the Agreement Into a Decree
A signed agreement does not end the marriage. A district court does, in a decree. The steps:
- File a verified petition. Either or both spouses may initiate the proceeding (MCA § 40-4-105(2)). The petition must include, among other things, any arrangements as to support and maintenance and a proposed parenting plan if applicable (MCA § 40-4-105(1)).
- Complete the disclosures described above.
- File the separation agreement, the parenting plan, and a child support calculation.
- Ask for the decree. You may request entry of a decree without a hearing by filing joint or individual affidavits that show you have voluntarily resolved all matters, that the jurisdictional requirements are met, and that the disclosure statutes were followed, together with a proposed decree and a waiver of the right to appear and testify (MCA § 40-4-108(4)(a) and (b)).
The court "may require a hearing for any reason the court considers necessary" (MCA § 40-4-108(4)(c)). Where one spouse filed and the other was served, a decree may not be entered until 21 days after the date of service (MCA § 40-4-105(3)).
Local rules add steps. In the Fourth Judicial District (Missoula and Mineral Counties), a case involving children cannot proceed to final hearing until each party files proof of attending the parenting plan orientation program, and the parties must submit a state case registry and vital statistics form before the court takes final action (Local Rule 12(A) and (H)). Couples with no real property and a small estate may also qualify for the separate summary dissolution procedure.
Getting Help Without Giving Up the Agreement
Agreeing first does not mean doing it alone. Some couples work out terms through mediation. A&M Law offers Cooperative Family Law, in which the firm serves as a neutral for both spouses, who meet together, and then prepares the agreement and the court filing. Either spouse can also have a draft reviewed by their own lawyer before signing.
One caution. Agreement is only a sound goal where both spouses can speak freely. If you feel pressured or unsafe, read when agreement is not safe or possible before you sign anything. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the Fourth Judicial District Rules of Practice as revised October 31, 2025. It is not legal advice about your specific case.