Responding to a Divorce Petition in Montana

If you have been served with a Montana divorce petition, you may file a verified response within 21 days after the date of service (MCA § 40-4-105(3)). The response tells the court what you agree with, what you dispute, and what you want the decree to say. If you do nothing, the court can decide the case without you. This page is part of the filing section of our Montana Divorce Guide.

What You Were Handed

You should have received at least two documents together: a summons and the petition for dissolution of marriage. If you have children, the petition includes a proposed parenting plan. The summons states the time you have to appear and defend and warns that failing to do so will result in a default judgment for the relief demanded (M. R. Civ. P. 4(c)(2)(A)).

Included with the summons is the automatic economic restraining order. Read it the day you get it. From the moment of service it restrains you from transferring or concealing marital property, changing insurance beneficiaries, canceling insurance, and running up unreasonable debt, with exceptions for ordinary living expenses, running an existing business, and reasonable professional fees for the case (MCA § 40-4-126). Your spouse has been bound by the same order since filing.

You may also have been served with motions, for example for temporary orders or an interim parenting plan. Those have their own response times and sometimes a hearing date. Check every page.

The Deadlines That Start on Service

What a Response Does

In a dissolution, the answering document is called a response (MCA § 40-4-103(3)). Like the petition, it is verified, meaning you sign it under oath or under penalty of perjury. It does three things.

• It admits or denies each statement in the petition. Under the rules of pleading, an allegation is admitted if a responsive pleading is required and the allegation is not denied (M. R. Civ. P. 8(b)(6)). Go through the petition paragraph by paragraph. Dates, residence, the children's information, and any description of existing support arrangements all deserve a careful read.
• It puts you in the case. A party who has appeared must be served with written notice at least 7 days before a hearing on any application for a default judgment (M. R. Civ. P. 55(b)(2)).
• It tells the court what you want. If you disagree with the proposed parenting plan, the proposed division of property, or a request for maintenance, the response is where you say so and offer your own proposal.

Asking for Your Own Relief: The Counter-Petition

A response can go beyond disagreeing. A respondent can include their own requests, sometimes labeled a counter-petition: their own parenting plan, their own position on property and debt, a request for maintenance or child support, or restoration of a former name. The civil rules treat requests like these as counterclaims and say a pleading must state any claim the pleader has against the opposing party that arises out of the same subject matter (M. R. Civ. P. 13(a)(1)).

If you are a parent, the parenting statute independently requires each parent, or both jointly, to submit a proposed final parenting plan in good faith (MCA § 40-4-234(1)). The court decides between competing plans using the best interest of the child factors.

Because the old fault defenses are gone, a response is not the place to argue about who caused the marriage to end. Property is divided and maintenance is set "without regard to marital misconduct" (MCA §§ 40-4-202(1), 40-4-203(2)).

If You Do Nothing

When a party fails to plead or otherwise defend, and that is shown to the clerk, the clerk must enter the party's default (M. R. Civ. P. 55(a)). Your spouse can then apply to the court for a default judgment. The decree cannot be entered until 21 days after service, and it cannot give your spouse more than, or something different in kind from, what the petition asked for (MCA § 40-4-105(3); M. R. Civ. P. 54(c)). Within those limits, the court will be working from one side's account of your income, your property, and your children's needs.

A default can sometimes be set aside, but only on the grounds and within the time limits the rules allow. Our page on default divorce explains them. It is far easier to respond on time.

Practical First Steps

• Write down the date and manner of service, and calculate day 21.
• Read the restraining order and follow it. Do not move money, change beneficiaries, or cancel policies.
• Do not destroy or delete records. The order specifically covers electronically stored materials and financial records (MCA § 40-4-126(1), order ¶ (3)(i)).
• Start gathering financial records for the declaration of disclosure.
• Decide whether to respond on your own or with a lawyer. See do I need a lawyer for divorce.

If you were served with an order of protection or you are afraid for your safety, call 911 in an emergency. The National Domestic Violence Hotline is 1-800-799-7233.

Responding Is Not the Same as Fighting

Filing a response protects your position. It does not commit you to a trial. Spouses can keep talking, exchange disclosures, and settle at any point in a written separation agreement, which the court reviews under MCA § 40-4-201. A&M Law represents individual spouses in divorce cases. The firm also offers Cooperative Family Law, an amicable process in which it serves as a neutral for both spouses rather than representing either one.

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.