The final decree of dissolution is the court order that ends a Montana marriage and fixes the terms: who gets what property and debt, whether maintenance is paid, and, if there are children, the parenting plan and child support. It is final when the court enters it, subject to the right of appeal (MCA § 40-4-108(1)). This page explains what the decree contains and what happens around it. It is part of our Montana Divorce Guide.
What the Decree Has to Cover
A court may enter a decree of dissolution only after finding that the domicile requirement is met and the marriage is irretrievably broken, and only if, to the extent it has jurisdiction, it has considered, approved, or made provision for parenting, the support of any child, the maintenance of either spouse, and the disposition of property (MCA § 40-4-104(1)).
In practice a decree, or the documents attached to it, addresses:
- The dissolution itself, with the findings on domicile and irretrievable breakdown.
- Property and debts. See how property is divided in Montana.
- Maintenance, or a statement that none is awarded.
- A final parenting plan, which must be incorporated into any final decree in a case involving a child, including a default (MCA § 40-4-234(1)).
- Child support and medical support for the children.
- Name restoration, if a spouse asked for it.
Agreed Decrees and Decrees After Trial
If you settled, the decree is built on your separation agreement. Unless the agreement says otherwise, its terms must be set out in the decree and the parties ordered to perform them. If the agreement provides that its terms are not to be set out, the decree must identify the agreement and state that the court found the terms not unconscionable (MCA § 40-4-201(4)).
If the case was tried, the decree rests on the court's own decision. In an action 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)). The findings matter later, because they are what an appellate court reviews. See appealing a divorce decree.
When the Decree Becomes Final
The decree is final when entered. The Rules of Civil Procedure require every judgment to be set out in a separate document, and the judgment is entered when that document is entered in the civil docket (M. R. Civ. P. 58(a), (c)). In a case where an appearance has been made, the prevailing party must serve notice of entry of judgment on the other parties within 14 days (M. R. Civ. P. 77(d)).
Entry starts the post-judgment deadlines. A motion for a new trial or to alter or amend the judgment must be filed no later than 28 days after entry (M. R. Civ. P. 59(b), (e)), and a notice of appeal in a civil case within 30 days (M. R. App. P. 4(5)(a)(i)).
What Ends When the Decree Is Entered
- The automatic economic restraining order is dissolved on the granting of the dissolution, unless the court orders otherwise (MCA § 40-4-126(2)).
- A temporary family support order terminates on entry of the decree (MCA § 40-4-121(8)(b)).
- Adoption of the final parenting plan vacates any interim parenting plan. A child support delinquency that existed under the interim plan remains a judgment subject to collection (MCA § 40-4-213(4)).
Recording, Vital Statistics, and Your Name
You do not have to report the divorce to the state yourself. The clerk of court gives notice of the entry of a decree of dissolution to the clerk of the district court in the county where the marriage was registered, who enters the fact of dissolution in the book where the marriage license and certificate are recorded. If the marriage was registered in another jurisdiction, the clerk sends notice to the appropriate official there with a request to enter it (MCA § 40-4-108(3)).
Separately, before the 10th day of each month, the clerk prepares and forwards to the Department of Public Health and Human Services a certificate for each decree of dissolution that became final during the preceding month (MCA §§ 50-15-303, 50-15-101(4)).
On request by a party whose marriage is dissolved, the court shall order the party's maiden or birth name or a former name restored (MCA § 40-4-108(5)). The request belongs to the person whose name it is. Details and the alternatives are in restoring your name after divorce.
What Can Be Changed Later, and What Cannot
| Part of the decree | Can it be changed? | Source |
|---|---|---|
| The dissolution itself | Final when entered, subject to appeal. An appeal that does not challenge the finding that the marriage is broken does not delay it. | MCA § 40-4-108(1) |
| Property division | May not be revoked or modified except on written consent of the parties or where conditions exist that justify reopening a judgment. | MCA § 40-4-208(3) |
| Maintenance | Modifiable on a showing of changed circumstances so substantial and continuing as to make the terms unconscionable, or on written consent, unless the decree expressly limits modification. | MCA §§ 40-4-208(2)(b), 40-4-201(6) |
| Child support | Modifiable on the same showing, on written consent, or on application by the state when it is providing support enforcement services. | MCA § 40-4-208(2)(b) |
| Parenting plan | May be amended if the child's circumstances have changed and the amendment is necessary to serve the child's best interest. | MCA § 40-4-219(1) |
Two more rules are written into the statute. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party or the remarriage of the party receiving it (MCA § 40-4-208(4)). And a decree may be modified for failure to disclose assets and liabilities, as provided in the disclosure statutes (MCA § 40-4-208(8)).
For the routes to changing a decree, see reopening a divorce judgment and can you change a divorce decree later.
After You Have the Decree
A decree orders things to happen. It does not make them happen. Deeds still have to be signed, accounts retitled, retirement orders prepared and sent to plan administrators, and beneficiary designations reviewed. Our after the divorce checklist walks through the follow-up. Keep a certified copy with your permanent records.
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.