If you have filed for divorce in Montana and want to try again, you have two main options before a decree is entered: pause the case with a stipulated stay for reconciliation, or dismiss it. A stay keeps the case and any interim arrangements in place while you see how things go. A dismissal ends the case and, with it, most temporary orders. This page explains both, and it is part of our Montana Divorce Guide.
Pausing the Case: A Stay for Reconciliation
Montana's reconciliation chapter is Title 40, chapter 3. Its stated purpose includes providing "means for the reconciliation of spouses without the deadlines associated with pending litigation" (MCA § 40-3-102). Most of the chapter's older sections have been repealed. What remains is a simple stay procedure.
- When. At any time after an action for dissolution, legal separation, or annulment is filed (MCA § 40-3-130).
- How. A stipulation signed by both spouses and their lawyers of record, if any. It must state that both want to stay the proceedings to pursue reconciliation, and it must include any agreements for support, parenting, or other matters that should continue during the stay (MCA § 40-3-131).
- Cost. No fee may be charged for filing the stipulation (MCA § 40-3-132).
- Effect. The court must order the matter stayed and vacate any scheduling order without a hearing, though it may set a hearing if it finds one necessary (MCA § 40-3-133).
How Long a Stay Lasts and How It Ends
The court must stay the proceedings "for as long as both parties consent to the stay" (MCA § 40-3-134(1)). During the stay, the court adopts any written interim agreement the spouses file, or makes orders it finds necessary about the conduct of the spouses, parenting, support, and maintenance of the marital estate (MCA § 40-3-134(2)).
The spouses must file a status report at least every 6 months. If no status report is filed for a year or more, the court may dismiss the petition without prejudice (MCA § 40-3-134(3)). If either spouse files a request to dismiss the stay, the court must lift it and proceed with the case (MCA § 40-3-134(4)). A stay is therefore a low-risk way to try: neither spouse gives up the ability to move forward.
Ending the Case: Voluntary Dismissal
The Montana Rules of Civil Procedure apply to dissolution proceedings except where the family law chapter provides otherwise (MCA § 40-4-103(1)). Rule 41 governs dismissal. In a dissolution, the "plaintiff" is the petitioner and the "answer" is the response.
- By notice. The petitioner may dismiss without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment (Rule 41(a)(1)(A)(i)).
- By stipulation. At any stage, by filing a stipulation of dismissal signed by all parties who have appeared (Rule 41(a)(1)(A)(ii)).
- By court order. Otherwise, only by court order, on terms the court considers proper (Rule 41(a)(2)).
The third route matters when only one spouse wants out of the case. Rule 41(a)(2) says that when the other party has pleaded a counterclaim before being served with the motion to dismiss, the action may be dismissed over that party's objection only if the counterclaim can remain pending for independent adjudication. How that applies when the responding spouse has also asked for a dissolution is for the court to decide, but the spouse who filed should not count on ending a case the other spouse wants to continue. If you filed jointly, expect that both of you will need to agree. See can my spouse refuse a divorce.
Unless the notice, stipulation, or order states otherwise, a voluntary dismissal is without prejudice.
What Happens to Temporary Orders
| Order | Effect of dismissal | MCA |
|---|---|---|
| Automatic economic restraining order | Dissolved on dismissal of the action, unless the court orders otherwise | § 40-4-126(2) |
| Temporary maintenance, support, or injunction | Terminates on order of the court or when the petition is voluntarily dismissed | § 40-4-121(8)(b) |
| Interim parenting plan | Vacated on dismissal, unless a parent moves to continue the case as a parenting proceeding and the court so finds after a hearing | § 40-4-213(2) |
| Unpaid child support under the interim plan | A delinquency existing when the plan is vacated remains a judgment subject to collection | § 40-4-213(2) |
This is the main difference between a stay and a dismissal. If you are relying on a temporary support order or an interim parenting schedule, a dismissal removes it, while a stay can carry your agreements forward as orders. For background on these orders, see temporary orders during divorce and the automatic economic restraining order.
An order of protection issued in its own case under Title 40, chapter 15 is a separate matter. Do not assume it ends, or that contact is allowed, because the divorce was stayed or dismissed. Ask the court that issued it.
When the Court Raises Reconciliation
A finding that a marriage is irretrievably broken is, by definition, a determination that there is no reasonable prospect of reconciliation (MCA § 40-4-107(3)). If one spouse denies under oath that the marriage is broken, the court must consider all relevant factors, including the prospect of reconciliation, and either make its finding or continue the matter for a further hearing not fewer than 30 or more than 60 days later, or as soon after as the calendar allows. The court may suggest that the spouses seek counseling (MCA § 40-4-107(2)). It makes the finding at the continued hearing. See grounds for divorce in Montana.
After a Decree Is Entered
Everything above applies before the decree. A decree of dissolution is final when entered, subject to the right of appeal (MCA § 40-4-108(1)). Reconciling after that point does not restore the marriage or undo the property division. A couple who wants to be married again marries again, and they may want to talk with a lawyer about a premarital agreement that addresses what the decree already divided.
A legal separation is different. It leaves the marriage in place, though either spouse may move to convert it to a dissolution no earlier than 6 months after entry (MCA § 40-4-108(2)). See legal separation versus divorce.
A Note on Safety and Pressure
Reconciliation should be a choice both people make freely. If you are being pressured or threatened to drop a case, that is not reconciliation. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233, and our Montana Domestic Violence Guide explains the protections available.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the Montana Rules of Civil Procedure. It is not legal advice about your specific case.