If you or your spouse live in Missoula County, your divorce will be heard in the Montana Fourth Judicial District Court, which sits in the Missoula County Courthouse and serves Missoula and Mineral Counties. You file with the Clerk of District Court, the case is assigned to one of five departments, and it follows state law plus the district's own Rules of Practice. This page describes what the court and county publish about that process. It is part of our Montana Divorce Guide.
Which Court Hears a Missoula Divorce
Dissolution of marriage is a district court matter (MCA § 40-4-104(1)). The proper county is the one in which the petitioner or the respondent has resided during the 90 days before filing (MCA § 25-2-118(3)). For Missoula County residents, that is the Fourth Judicial District Court.
Under the district's Rules of Practice, the court is divided into five departments, each with its own judge, and new cases are allocated among them in random rotation (Local Rules 1 and 2). District court is a state court. The county notes that the judges and their staff are state employees, not county employees.
The local rules also apply a "One Family, One Judge" approach. The Clerk checks for related cases when a new one is filed, and a related case goes to the department that already has the family's earlier case (Local Rule 2).
The Clerk of District Court
The Clerk of District Court is the keeper of the court's records, including domestic relations files. The Clerk's office is where the petition is filed and the summons is issued. When a petition for dissolution is filed, the clerk issues the summons with the automatic economic restraining order attached (MCA § 40-4-126(1)).
The county lists the office on the second floor of the courthouse at 200 W. Broadway, open 8 a.m. to 5 p.m. Monday through Friday, at 406-258-4780. For the filing steps, see how to file for divorce in Montana and filing fees and fee waivers.
Standing Masters
A standing master is a lawyer appointed by the judicial district to hear matters referred by the judges. By statute, a standing master must have been admitted to practice law in Montana for at least 3 years, takes the oath required of judges, and follows the Montana Code of Judicial Conduct (MCA § 3-5-127).
Within the order of reference, a standing master may require the production of evidence, rule on its admissibility, put witnesses under oath, and issue temporary orders that are subject to review by the district court on a party's objection (MCA § 3-5-124(3)). After a hearing, the standing master files findings of fact and conclusions of law. Any party then has 10 days after being served with notice of the filing to file specific written objections or ask the district court for more time (MCA § 3-5-126(2)).
The Fourth Judicial District's standing order adds two points. Objections must be in writing and must identify the specific finding or conclusion claimed to be wrong and the basis for the claim. And if no objections are filed within the 10 days, the standing master's findings and order become the final order of the court without further action by the judge (Local Rule 29). More on this role: settlement conferences and standing masters.
What the Local Rules Add
The district's Rules of Practice were last revised effective October 31, 2025, and are published on the county's website. These are the provisions that matter most in a divorce.
| Requirement | What the rule says | Rule |
|---|---|---|
| Parenting plan orientation | In a case with minor children, the case cannot proceed to final hearing until proof of attendance from each party is filed. The court also accepts a certificate from an approved online program. | Local Rule 12(A) |
| Child support application | When a case involves parenting, the Clerk issues an order requiring a party to apply to the Child Support Services Division for a medical and child support order. | Local Rule 12(C) |
| Vital statistics form | The parties must submit a current Montana State Case Registry and Vital Statistics Reporting Form before the court takes any final action. | Local Rule 12(H) |
| Scheduling order | Once a respondent appears, the assigned judge directs a scheduling order to the parties. | Local Rule 8(A) |
| Two settlement conferences | A lawyers' resolution conference and a master-supervised settlement conference are required before a case may be set for trial, except as provided in MCA § 40-4-301. | Local Rules 9(A), 10(B) |
| Informal trial | When a case involves a self-represented party, the court uses the informal domestic relations trial process unless the parties opt out. | Local Rule 12(I) |
One newer rule applies to everyone who files, with or without a lawyer. A party who uses generative artificial intelligence to prepare a document filed with the court must disclose the tool, say how it was used, and certify that the accuracy of that portion, including citations and legal authority, has been checked (Local Rule 3(G)).
Hearings and the Law and Motion Calendar
Each department holds law and motion days. Uncontested matters and judgments by default are heard on those days, and a matter expected to take more than 20 minutes in total is not scheduled there. Contested matters involving questions of fact are set separately by court order (Local Rule 5). Our page on what happens at a divorce hearing describes what each kind of hearing involves.
If the case is contested, expect the two required settlement conferences before a trial date. The local rules say cases are set for trial after the settlement master's report is submitted (Local Rules 9 and 10). The stages are laid out in our Montana divorce timeline.
Before You Go to the Courthouse
- Confirm hours, forms, and filing options with the Clerk's office, since the county updates them from time to time.
- Write your department number and cause number on everything you file after the petition. The local rules require the department number on later filings (Local Rule 3(C)).
- If you have children, complete the parenting plan orientation early so it does not hold up your final hearing.
- Read the current Rules of Practice yourself, or ask a lawyer who practices in the district, before relying on any summary, including this one.
A&M Law is a Missoula family law firm. We represent individual clients in cases before this court, and we also offer Cooperative Family Law for couples who want to reach agreement together.
This page describes the Fourth Judicial District Court's Rules of Practice as revised October 31, 2025, the 2025 Montana Code Annotated, and information published by Missoula County. Court procedures change. It is not legal advice about your specific case.