A contested divorce in Montana moves through a set order: petition, service, response, financial disclosure, temporary orders if needed, a scheduling order, discovery, settlement efforts, trial, and decree. A handful of those steps carry deadlines fixed by statute or court rule. The rest of the pace is set by what the two of you dispute and by the court's calendar, so no one can honestly promise a duration. This overview is part of our Montana Divorce Guide, and each stage below links to a fuller explanation.
The Stages at a Glance
| Stage | What happens | Source |
|---|---|---|
| Petition and service | The case starts when a verified petition is filed. The other spouse is served under the Montana Rules of Civil Procedure. | MCA § 40-4-105(1), (3) |
| Response | The served spouse may file a verified response within 21 days after service. No decree may be entered until 21 days after service. | MCA § 40-4-105(3) |
| Preliminary disclosure | Each spouse serves a preliminary declaration of disclosure within 60 days of service of the petition, unless both agree to change the time. | MCA § 40-4-252(1) |
| Temporary orders | Either spouse may ask for temporary maintenance, child support, an injunction, or an interim parenting plan while the case is pending. | MCA §§ 40-4-121, 40-4-213 |
| Scheduling order | On a party's request, the judge must issue a scheduling order within 90 days. It sets deadlines for discovery and motions. | M. R. Civ. P. 16(b) |
| Discovery | Written questions, document requests, depositions and subpoenas, on top of the required disclosures. | M. R. Civ. P. 26 to 37, 45 |
| Final disclosure | Served before or when a settlement is signed or, if the case goes to trial, no later than 45 days before the first assigned trial date. | MCA § 40-4-253(1) |
| Settlement efforts | The court may consider requiring mediation at any time. Local rules may require settlement conferences before a trial date is set. | MCA § 40-4-301(1) |
| Trial | The judge hears testimony, then makes findings of fact and conclusions of law. | M. R. Civ. P. 52(a)(1) |
| Decree | The decree is final when entered, subject to the right of appeal. | MCA § 40-4-108(1) |
Filing, Service, and the Response
Either spouse, or both together, may start the case by filing a verified petition in district court (MCA § 40-4-105(1), (2)). When the petition is filed, the clerk issues a summons that includes an automatic economic restraining order. It binds the filing spouse on filing and the other spouse on service (MCA § 40-4-126).
The other spouse must be served in the manner the Montana Rules of Civil Procedure provide and may file a verified response within 21 days after service. A decree may not be entered until 21 days after the date of service (MCA § 40-4-105(3)). Our pages on serving divorce papers and responding to a petition cover those steps. In Missoula, the case is filed in the Fourth Judicial District Court. See divorce court in Missoula County.
Disclosure and Temporary Orders
Montana requires both spouses to disclose their finances without being asked. The preliminary declaration of disclosure, signed under penalty of perjury, is due within 60 days of service of the petition and comes with an income and expense declaration (MCA § 40-4-252(1), (5)). The final declaration is due before or when the parties sign an agreement or, if the case goes to trial, no later than 45 days before the first assigned trial date (MCA § 40-4-253(1)).
Life does not pause while the case is pending. Either spouse may move for temporary maintenance, temporary child support, or a temporary injunction (MCA § 40-4-121), and a parent may move for an interim parenting plan (MCA § 40-4-213). Where safety is a concern, see orders of protection during a divorce. Parenting plan proceedings must receive priority in being set for hearing (MCA § 40-4-216(1)).
The Scheduling Order and Discovery
On a party's request, the judge must issue a scheduling order as soon as practicable and in any event within 90 days of the request. The order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions, and it may set dates for pretrial conferences and trial (M. R. Civ. P. 16(b)). Once it is in place, the schedule may be modified only for good cause and with the judge's consent.
Discovery is the formal exchange of information: written questions, requests for documents, depositions, and subpoenas to banks, employers and other third parties. The disclosure statutes do not replace it (MCA § 40-4-258). How much discovery a case needs is one of the largest influences on how long it lasts.
Settlement Efforts
A case can settle at any point, including the day of trial. The terms of a written separation agreement on property and maintenance are binding on the court unless it finds the agreement unconscionable. Terms about children are reviewed separately (MCA § 40-4-201(2)). The court may also consider requiring mediation at any time, subject to the limit on mediation where abuse is suspected (MCA § 40-4-301).
If the two of you are willing to work it out together, our Cooperative Family Law process is one way to reach a full agreement outside of a contested case.
Hearings, Trial, the Decree, and After
If you settle, the court may enter the decree after a short hearing or, in some cases, on affidavits without a hearing (MCA § 40-4-108(4)). Our page on what happens at a divorce hearing explains both. If you do not settle, the judge or a standing master tries the disputed issues. In a case tried without a jury, the court must find the facts specially and state its conclusions of law separately (M. R. Civ. P. 52(a)(1)). When at least one spouse is self-represented, the trial is informal unless someone objects or the court orders otherwise (Uniform District Court Rule 17).
The result is the final decree of dissolution. It is final when entered, subject to the right of appeal (MCA § 40-4-108(1)). A spouse who wants a former name back can have it restored in the decree. See restoring your name after divorce.
Entry of the decree starts several clocks. A motion for a new trial or to alter or amend the judgment must be filed no later than 28 days after entry of judgment (M. R. Civ. P. 59(b), (e)). A notice of appeal in a civil case must be filed within 30 days (M. R. App. P. 4(5)(a)(i)). The details are in appealing a divorce decree and reopening a divorce judgment.
If a former spouse does not follow the decree, the remedy is a motion to the court, which can include contempt. The other spouse's own obligations are not suspended in the meantime (MCA § 40-4-109).
What Controls the Pace
- Agreement. Every issue you resolve yourselves is one the court does not have to schedule and decide.
- Disclosure. Absent good cause, the court may not enter a judgment on property rights until each party has served the final declaration of disclosure (MCA § 40-4-254).
- Children. A case with children needs a final parenting plan and a child support determination, and may involve a guardian ad litem or a parenting investigation (MCA §§ 40-4-205, 40-4-215).
- Valuation. A business, a pension, or real property may need an appraiser or other expert before anyone can settle or try the case.
- The court's calendar. Hearing and trial dates depend on the department's docket, which neither spouse controls.
- Life changes. A move can raise new questions mid-case. See moving out of state during a divorce.
For what the law does and does not fix about duration, see how long a divorce takes in Montana.
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.