People ask whether their divorce will be "contested" or "uncontested" as if those were two different lawsuits. In Montana they are not. Apart from the small-estate summary procedure, there is one proceeding, called a dissolution of marriage, and the only real difference is how much of it you and your spouse settle yourselves and how much you leave for a judge. This page maps the paths from petition to decree. It is the overview for the Ways to Divorce section of our Montana Divorce Guide.
The Difference Is Agreement, Not Paperwork
Either spouse, or both together, may start a dissolution by filing a verified petition (MCA § 40-4-105(1) and (2)). Montana is a no-fault state, so the petition says the marriage is irretrievably broken and nobody has to prove misconduct. Those steps do not change with the level of conflict.
What changes is what happens next. If the two of you have a complete written agreement, the court's job is to review it and enter a decree. If you do not, the case moves through disclosure, temporary orders if they are needed, settlement efforts, and finally a trial on whatever is left. "Contested" and "uncontested" are shorthand for where a case sits on that line. A case can be contested on one issue, such as the parenting schedule, and agreed on everything else.
What Every Montana Divorce Has to Resolve
Before it enters a decree, the court must find that, to the extent it has jurisdiction, 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)). In everyday terms:
- Property and debts. Who keeps what, and who pays what.
- Maintenance. Montana's word for alimony or spousal support, including a decision that none will be paid.
- A parenting plan, if you have minor children. Montana statutes use "parenting" rather than custody and visitation.
- Child support and medical support for the children.
An uncontested divorce is one in which the spouses have answered all of these in writing. Leaving one out does not make the case simpler. It leaves that issue for the court.
The Paths From Petition to Decree
These are not exclusive choices. A single case may pass through several of them.
| Path | Who decides the terms | How it works |
|---|---|---|
| Agreement before filing | The two of you | You settle every issue, sign a written agreement, then file. |
| Negotiated settlement | The two of you, usually through lawyers | The case is filed, information is exchanged, and the terms are worked out along the way. |
| Mediation | The two of you, with a neutral mediator | A mediator helps you reach your own terms. The mediator cannot impose a result. |
| Cooperative Family Law | The two of you, meeting together with a neutral firm | A&M Law's process, in which the firm is a neutral for both spouses. |
| Settlement conference | The two of you, with a settlement master | A conference the court's rules require before a case is set for trial in Missoula County. |
| Arbitration | A private arbitrator you both chose | A signed agreement hands specific disputes to an arbitrator. A court must confirm the award. |
| Trial | A judge or standing master | The court hears evidence and decides whatever is still in dispute. |
In every row but the last two, you and your spouse keep the decision. A mediator, a settlement master, and a neutral firm can help you reach terms, but none of them can order a result. An arbitrator and a judge can. That is the practical meaning of "contested": someone else decides.
Whatever the path, a settlement ends up in the same document, a written separation agreement, together with a parenting plan if there are children. Parents can also build a method for handling future disagreements into the plan itself. Our guide to dispute resolution clauses explains how.
What the Judge Reviews Even When You Agree
Agreement does not remove the court. It changes what the court does.
- Property and maintenance terms are binding on the court unless, after considering the parties' economic circumstances and any other relevant evidence, it finds the agreement unconscionable (MCA § 40-4-201(2)).
- Parenting and child support terms are expressly excluded from that rule. The court decides parenting by the child's best interest, and it must apply the child support guidelines "in all cases," including cases in which the parties have agreed on an amount (MCA § 40-4-204(3)(a)).
- Financial disclosure is required in agreed cases too. Each spouse serves a final declaration of disclosure before or at the time of an agreement on property or support (MCA § 40-4-253(1)(a)(i)).
If those pieces are in order, the court may enter the decree without a hearing on the spouses' affidavits (MCA § 40-4-108(4)). Where one spouse has been served and has not joined in the filing, a decree may not be entered until 21 days after the date of service (MCA § 40-4-105(3)).
How a Contested Case Moves Toward Agreement
Montana's statutes and court rules are written to give spouses repeated chances to settle. The separation agreement statute opens by saying its purpose is "to promote amicable settlement of disputes" (MCA § 40-4-201(1)). A district court may at any time consider requiring the parties to mediate, and either party may ask for that (MCA § 40-4-301(1)).
Local rules add their own steps. In the Fourth Judicial District, which covers Missoula and Mineral Counties, the Rules of Practice call for two settlement conferences before a civil case may be set for trial: a lawyers' resolution conference and a master-supervised settlement conference (Local Rule 9(A)). The rule carves out the cases covered by the abuse exception in MCA § 40-4-301.
Only the issues that survive all of that go to a trial, where the court hears evidence and issues written findings.
When Agreement Is the Wrong Goal
An agreed divorce depends on two things: each spouse can speak freely, and each spouse has honest information. Where there has been abuse or coercion, or where one spouse will not disclose finances, a negotiated process can produce an unfair result. Montana law recognizes this. A court may not order or continue mediation when it has reason to suspect abuse unless each party gives written, informed consent (MCA § 40-4-301(2)). Our guide on when agreement is not safe or possible covers the protective tools the court has.
If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
Choosing Help That Matches the Path
The path you choose shapes the kind of help you need. Some couples ask whether they can share one lawyer. Under the conflict of interest rules a lawyer generally cannot represent both sides of a dissolution, but a neutral can work with both of you. Others handle most of the case themselves and hire a lawyer for defined tasks, which Montana's rules allow as limited scope representation.
A&M Law is a Missoula family law firm. It offers Cooperative Family Law, in which the firm serves as a neutral for both spouses, and it also represents individual clients in traditional divorce cases. Our page on uncontested divorce in Montana describes the agreed route in more detail.
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.