No. In Montana, one spouse cannot block a divorce by refusing to agree, refusing to sign, or ignoring the papers. The court ends the marriage when it finds the marriage is irretrievably broken, and the statutes tell the court what to do when a spouse denies that or does not respond. This page walks through each situation. It is part of our Montana Divorce Guide.
Why Agreement Is Not Required
Montana calls divorce a dissolution of marriage. The district court "shall enter a decree of dissolution" if it makes three findings: one spouse has had Montana domicile or military stationing for the 90 days before filing, the marriage is irretrievably broken, and parenting, child support, maintenance, and property have been addressed to the extent the court has jurisdiction (MCA § 40-4-104(1)). The other spouse's consent is not on the list.
Either or both spouses may start the case (MCA § 40-4-105(2)). The breakdown finding can rest on serious marital discord that adversely affects the attitude of "one or both" spouses toward the marriage (MCA § 40-4-104(1)(b)(ii)). The statute was written so that one spouse's settled view can be enough. See grounds for divorce in Montana.
What Your Spouse Can and Cannot Do
| If your spouse | What the law provides | Source |
|---|---|---|
| Refuses to sign anything | No signature from the other spouse is required for a decree. Agreement only makes the process shorter. | § 40-4-104(1) |
| Is served and never responds | After the response time passes, the petitioner may ask the clerk to enter default and apply to the court for a default decree. | § 40-4-105(3); M. R. Civ. P. 55 |
| Denies under oath that the marriage is broken | The court makes the finding itself, or continues the matter 30 to 60 days and then makes it. | § 40-4-107(2) |
| Blames you for the breakdown | Fault defenses such as condonation and recrimination are abolished. | § 40-4-105(4) |
| Asks for a legal separation instead | A legal separation is granted in place of a dissolution only if the other party does not object. | § 40-4-104(2) |
| Disputes property, support, or parenting | This does not block the divorce, but the court must decide those issues, which takes hearings. | § 40-4-104(1)(c) |
If Your Spouse Denies the Marriage Is Broken
MCA § 40-4-107 covers this directly. If both spouses have stated under oath that the marriage is irretrievably broken, or one has and the other has not denied it, the court makes its finding after a hearing. If one spouse has denied it under oath, the court:
- considers "all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation," and then
- either makes a finding whether the marriage is irretrievably broken, or
- continues the matter for a further hearing "not fewer than 30 or more than 60 days later or as soon thereafter as the matter may be reached on the court's calendar," and may suggest that the spouses seek counseling.
At the adjourned hearing, "the court shall make a finding whether the marriage is irretrievably broken" (MCA § 40-4-107(2)(b)). The statute provides for one continuance and then a decision. A finding of irretrievable breakdown is "a determination that there is no reasonable prospect of reconciliation" (MCA § 40-4-107(3)).
The statute leaves the finding to the judge, so we do not predict outcomes. What the text shows is that a denial leads to a decision by the court. It does not give the denying spouse a veto.
Old Defenses No Longer Apply
Under older law a spouse could defend against a divorce by arguing, for example, that the filing spouse had forgiven the conduct complained of or was equally at fault. Montana removed those arguments: "Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished" (MCA § 40-4-105(4)).
Blame also does not change the financial outcome. Property and maintenance are decided "without regard to marital misconduct" (MCA §§ 40-4-202(1), 40-4-203(2)).
If Your Spouse Does Not Respond or Avoids Service
After being served, the other spouse "may within 21 days after the date of service file a verified response," and a decree may not be entered until 21 days after service (MCA § 40-4-105(3)). If the time passes with no response, the Montana Rules of Civil Procedure provide the next steps. Under Rule 55(a), when a party has failed to plead or otherwise defend and that is shown by affidavit or otherwise, the clerk must enter the party's default. In a dissolution, the petitioner then applies to the court for the decree (Rule 55(b)(2)).
A default is not a blank check. Several requirements still apply:
- A final parenting plan must be incorporated into the decree, "including cases of dissolution by default" (MCA § 40-4-234(1)).
- The child support guidelines must be used, including when the order is entered on the default of a party (MCA § 40-4-204(3)(a)).
- The petitioner may waive the final disclosure requirements but must still comply with the preliminary declaration of disclosure (MCA § 40-4-257).
- If the other spouse has appeared in the case, they must be served with written notice of the application at least 7 days before the hearing (Rule 55(b)(2)).
A court may set aside an entry of default for good cause, and a default judgment under Rule 60(b) (Rule 55(c)). Our guide to default divorce, linked in the questions below, covers the full process.
The 21 days run from service, so a spouse who avoids being served delays the start. The Montana Rules of Civil Procedure address this. In an action for dissolution of the marriage of a Montana resident, a spouse who has not been served by the ordinary methods can be served by publication, after the petitioner files an affidavit showing, for example, that the spouse cannot be found in Montana after due diligence or is concealing themselves to avoid service (Rule 4(o)(1)(C), (3)). A decree after service by publication can decide marital status, but it does not bind the absent spouse personally unless the court has some other basis for personal jurisdiction (Rule 4(o)(2)). Those steps are covered in serving divorce papers in Montana and if you cannot find your spouse. Avoiding service postpones a case. It does not end it.
Contesting the Terms Is Different
A spouse who accepts that the marriage is over can still disagree about everything else. That is a legitimate use of the process. Each spouse is entitled to full financial disclosure, to present evidence, and to have the court decide property, maintenance, parenting, and child support under the statutes. A contested case means the court holds hearings and decides those issues. See contested vs. uncontested divorce and responding to a divorce petition.
If the disagreement is about terms and both of you are willing to talk, mediation or a cooperative process may resolve it without a trial.
When Refusal Is About Control
Sometimes "I will never give you a divorce" is part of a pattern of intimidation or control. The law does not give a spouse that power. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Our Montana Domestic Violence Guide explains orders of protection, and a court handling a dissolution can also issue temporary orders, including orders restraining a spouse from disturbing the peace of the other (MCA § 40-4-121(2)(b)).
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific situation.