How long a divorce takes in Montana depends far more on the two of you than on the statutes. The law sets a floor: when one spouse files, a decree may not be entered until 21 days after the other is served (MCA § 40-4-105(3)). It sets no ceiling. A fully agreed case can be finished soon after that floor if the paperwork is complete and the court has time. A case that goes to trial lasts as long as disclosure, discovery, settlement efforts and the trial calendar require. This page is part of our Montana Divorce Guide.
What the Statutes and Rules Actually Fix
| Step | Time set by law | Source |
|---|---|---|
| Domicile before filing | One spouse domiciled in Montana, or stationed here in the armed services, for 90 days before the action is filed | MCA § 40-4-104(1)(a) |
| Earliest decree | Not until 21 days after the date of service | MCA § 40-4-105(3) |
| Response to the petition | Within 21 days after the date of service | MCA § 40-4-105(3) |
| Summary dissolution hearing | After 20 days from the filing of the joint petition | MCA § 40-4-133 |
| Preliminary disclosure | Within 60 days of service of the petition, unless the parties agree otherwise | MCA § 40-4-252(1) |
| Final disclosure before trial | No later than 45 days before the first assigned trial date | MCA § 40-4-253(1)(a)(ii) |
| Scheduling order | Within 90 days of a party's request | M. R. Civ. P. 16(b)(2) |
| Legal separation converted to dissolution | No earlier than 6 months after the decree of legal separation | MCA § 40-4-108(2) |
Notice what kind of rules these are. Most are deadlines for a single step or minimum waits. None of them says when a case must end.
What the Law Leaves Open
No Montana statute sets a maximum length for a dissolution case. The code does not say how soon after the 21 days a court must act, how long discovery may run, or when a trial must be held. Those things are set case by case, in a scheduling order and by the judge's calendar. A scheduling order, once issued, may be modified only for good cause and with the judge's consent (M. R. Civ. P. 16(b)(4)).
Local rules add their own steps, and they differ from one judicial district to the next. Our page on divorce court in Missoula Countydescribes the Fourth Judicial District's requirements.
An Agreed Case
If you and your spouse agree on everything, the remaining work is paperwork and the court's review. You still exchange financial disclosures, unless you both waive the preliminary exchange in writing (MCA § 40-4-252(1)). You put your terms in a written separation agreement, and if you have children, a parenting plan. The property and maintenance terms bind the court unless it finds them unconscionable (MCA § 40-4-201(2)).
The court may then enter the decree without a hearing if your affidavits show a voluntary resolution of all matters, the jurisdictional requirements are met, the disclosure rules were followed, and the agreement and a proposed decree are on file. The judge may still require a hearing for any reason the court considers necessary (MCA § 40-4-108(4)). Couples who qualify for summary dissolution follow a separate joint petition procedure with a hearing after 20 days (MCA § 40-4-133).
More on this path: agreeing on everything before you file and our uncontested divorce page.
A Tried Case
A case that is not agreed goes through every stage in the Montana divorce timeline. Each one takes time for a reason:
- Discovery. A party generally has 30 days to answer interrogatories or respond to a request for documents (M. R. Civ. P. 33(b)(2), 34(b)(2)(A)), and disputes over the answers require motions.
- Final disclosure. It is due no later than 45 days before the first assigned trial date (MCA § 40-4-253(1)(a)(ii)).
- Settlement efforts. The court may require mediation, and local rules may require settlement conferences before a trial date is assigned (MCA § 40-4-301(1)).
- Trial and decision. The court must make written or on-the-record findings of fact and conclusions of law after a trial (M. R. Civ. P. 52(a)(1)).
What Lengthens a Case
- Incomplete disclosure. Absent good cause, the court may not enter a judgment on property rights until each party has served a final declaration of disclosure and a current income and expense declaration (MCA § 40-4-254).
- Assets that need valuing. A business, a pension, or land has to be valued before it can be divided.
- A dispute over the children. A guardian ad litem or a court-ordered investigation needs time to do the work, and the report must be mailed at least 10 days before the hearing (MCA §§ 40-4-205(5), 40-4-215(4)).
- A denial that the marriage is over. The court may continue the matter for 30 to 60 days and suggest counseling before making its finding (MCA § 40-4-107(2)).
- Difficulty serving your spouse. The 21 days do not begin until service is complete. See if you cannot find your spouse.
- Motions after the decree. A timely motion for a new trial or to amend the judgment delays the start of the appeal period (M. R. App. P. 4(5)(a)(v)).
Why We Do Not Quote an Average
You will find websites that give a number of months. We have not found an official Montana source that publishes one for dissolution cases, and an average would tell you little about your own case anyway. Two cases filed on the same day in the same court can end at very different times because one couple agreed on the house and the other needed an appraisal and a trial.
What you can control is your side of it: complete disclosures on time, prompt answers to discovery, and a clear view of which issues are truly in dispute. A lawyer who knows the local court can tell you what its current calendar looks like, which is the part no statute answers.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Civil Procedure. It is not legal advice about your specific case, and it is not a prediction of how long any case will take.