You can appeal a Montana divorce decree to the Montana Supreme Court, but an appeal is a review for legal error, not a second chance to try the case. The key deadline is short: in a civil case, the notice of appeal must be filed within 30 days from entry of the judgment or, where notice of entry must be served, from service of that notice (M. R. App. P. 4(5)(a)(i)). This page explains how the process works. It is part of our Montana Divorce Guide.
What Can Be Appealed
A party may appeal from a final judgment (M. R. App. P. 6(1)). A final judgment is one that conclusively determines the rights of the parties and settles all claims in controversy, including any necessary determination of the amount of costs and attorney fees awarded (M. R. App. P. 4(1)(a)). The final decree of dissolution is that judgment in a divorce.
Orders made along the way, such as temporary support or an interim parenting plan, are interlocutory. The appellate rules list interlocutory judgments among the orders that are generally not appealable (M. R. App. P. 6(5)(f)). An appeal from the final judgment brings up the earlier rulings that were objected to and led to it (M. R. App. P. 4(4)(a)).
Some decrees cannot be appealed at all. In a summary dissolution, entry of the final judgment is a waiver of the parties' rights to appeal the terms of the dissolution (MCA § 40-4-134).
The Deadlines
| Step | Deadline | Source |
|---|---|---|
| Notice of appeal | Within 30 days from the date of entry of the judgment or order. If notice of entry of judgment must be served under M. R. Civ. P. 77(d), the 30 days do not begin until that notice is served. | M. R. App. P. 4(5)(a)(i) |
| Notice of cross-appeal | Within 15 days after the first notice of appeal was filed, or within the original appeal time, whichever expires last. | M. R. App. P. 4(5)(a)(iv) |
| Motion for new trial, or to alter or amend | No later than 28 days after entry of judgment. A timely motion restarts the appeal time for all parties from the order deciding it. | M. R. Civ. P. 59; M. R. App. P. 4(5)(a)(v) |
| Objections to a standing master's findings | Within 10 days after being served with notice that the findings were filed. | MCA § 3-5-126(2) |
| Appellate mediation | The parties and mediator have 75 days from the notice of appeal to complete the process. | M. R. App. P. 7(3)(a) |
The notice of appeal is filed in the office of the clerk of the Supreme Court, with the filing fee or an affidavit to proceed without advance payment of fees, and a copy is served on the clerk of the district court and all parties (M. R. App. P. 4(2)(a)). The timely filing of the notice is required to invoke the Supreme Court's jurisdiction. The Court may grant an out-of-time appeal only in the infrequent harsh case under extraordinary circumstances amounting to a gross miscarriage of justice, and the rule says those circumstances do not include mere mistake, inadvertence, or excusable neglect (M. R. App. P. 4(2)(c), 4(6)).
If a Standing Master Decided Your Case
When a standing master heard the case, the statute provides a review step in the district court. Any party may file specific written objections with the district court within 10 days after being served with notice that the findings were filed. The district judge may adopt the findings, modify them, reject them in whole or in part, receive further evidence, or send the matter back with instructions (MCA § 3-5-126(2)). Courts add their own requirements for these objections. See divorce court in Missoula County.
What the Supreme Court Reviews
The Supreme Court works from the record made in the district court: the papers and exhibits filed there, the transcript of proceedings, if any, and the docket entries (M. R. App. P. 8(1)). In In re Marriage of Funk, 2012 MT 14, ¶ 6, 363 Mont. 352, 270 P.3d 39, the Court described its review of a property division this way: MCA § 40-4-202 vests the district court with broad discretion to apportion the marital estate in a manner equitable to each party; the Court reviews whether the findings of fact are clearly erroneous and the conclusions of law are correct; and absent clearly erroneous findings, it will affirm a division of property and award of maintenance unless it identifies an abuse of discretion. A district court's interpretation of a statute, by contrast, is reviewed for correctness.
The practical meaning is that appeals turn on error, not on disappointment. An argument that the court misread a statute or made a finding with no support in the evidence is the kind of issue an appeal is for. An argument that the judge should have believed one witness over another is not, because the reviewing court gives due regard to the trial court's opportunity to judge credibility (M. R. Civ. P. 52(a)(6)).
Mandatory Appellate Mediation
Appeals in domestic relations cases, including dissolution, child custody and support, and maintenance issues, are subject to the Supreme Court's mandatory appellate alternative dispute resolution rule (M. R. App. P. 7(2)(b)). The parties may jointly select a mediator within 15 days of the notice of appeal. If they do not, the clerk of the Supreme Court appoints one. The parties and the mediator have 75 days to complete the process (M. R. App. P. 7(3)(a), (4)(b)).
There is a safety exception. Unless each party gives written, informed consent within 15 days of the notice of appeal, the Supreme Court will not order appellate mediation where it has reason to suspect that a party or a child of a party has been physically, sexually, or emotionally abused by the other party (M. R. App. P. 7(2)(b)). Anyone in danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233.
What Happens to the Decree During the Appeal
The appellate rules do not treat a notice of appeal as a stay. A party seeking a stay of a judgment or order pending appeal must first file a motion in the district court, which keeps the power to rule on it even after the notice of appeal is filed (M. R. App. P. 22(1)). If the appellant wants a stay of execution, the appellant must obtain the district court's approval of a supersedeas bond unless the opposing party waives the requirement.
On the marriage itself, the statute is specific. An appeal that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of the provision that dissolves the marriage, and either party may remarry pending appeal (MCA § 40-4-108(1)).
Appeal, Modification, or Reopening?
An appeal is the right tool only for some problems. If circumstances changed after the decree, the route is a motion to modify maintenance or child support or to amend the parenting plan. See modifying or ending maintenance and amending a parenting plan. If the problem is a mistake, newly discovered evidence, or an undisclosed asset, the route may be a motion in the district court. See reopening a divorce judgment.
An appeal takes time and money from both former spouses, and the standards of review give weight to the decision already made. Before filing, it is worth having a lawyer read the findings and tell you candidly whether there is an appealable error.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Appellate Procedure. Appeal deadlines are strict. It is not legal advice about your specific case.