A divorce hearing in Montana is one of two things. If you and your spouse have agreed on everything, the final hearing is a short proceeding where one or both of you testify to the facts the judge must find before signing the decree, and in some cases it can be skipped. If you have not agreed, the hearing is a trial: witnesses, exhibits, and a decision by the judge on each disputed issue. This page explains both, as part of our Montana Divorce Guide.
What the Judge Must Find Before Granting a Divorce
Whatever the format, the court can enter a decree of dissolution only if it makes certain findings. The testimony at an uncontested hearing is aimed at these.
| Finding | What it means | Source |
|---|---|---|
| Domicile | One spouse was domiciled in Montana, or stationed here in the armed services, for the 90 days before the case was filed. | MCA § 40-4-104(1)(a) |
| The marriage is irretrievably broken | Supported by evidence that the spouses lived separate and apart for more than 180 days before the case began, or that there is serious marital discord that adversely affects the attitude of one or both toward the marriage. | MCA § 40-4-104(1)(b) |
| The related issues are handled | To the extent it has jurisdiction, the court has considered, approved, or provided for parenting, child support, maintenance, and the disposition of property. | MCA § 40-4-104(1)(c) |
| The agreement is acceptable | Property and maintenance terms are not unconscionable. Terms about children are reviewed separately. | MCA § 40-4-201(2) to (4) |
| Disclosure is done | Each party has served a final declaration of disclosure and a current income and expense declaration, absent good cause. | MCA § 40-4-254 |
On the central question, the statute says that if both spouses have stated under oath that the marriage is irretrievably broken, or one has and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken (MCA § 40-4-107(1)). Montana does not ask who was at fault. See grounds for divorce in Montana.
The Uncontested Final Hearing
When a case is fully settled, the final hearing is short. The spouse who attends is sworn in and answers questions from a lawyer or the judge that track the findings above. The judge reviews the separation agreement, the parenting plan and child support calculation if there are children, and the proposed decree.
The judge is not a rubber stamp. Property and maintenance terms bind the court unless it finds them unconscionable after considering the parties' economic circumstances, and the terms about support and parenting of children are not binding on the court at all (MCA § 40-4-201(2)). A final parenting plan must be incorporated into the decree (MCA § 40-4-234(1)).
Courts schedule these hearings in different ways. In Missoula County, uncontested matters are heard on each department's law and motion day. See divorce court in Missoula County.
When a Hearing Can Be Skipped
The parties may ask for a decree without a hearing by filing joint or individual affidavits (MCA § 40-4-108(4)(a)). The court may enter the decree that way when the affidavit makes a prima facie case that you have voluntarily resolved all matters and consent to a decree by affidavit, and it appears to the court that:
- the jurisdictional requirements of MCA § 40-4-104 exist;
- the parties have complied with the financial disclosure statutes;
- a separation agreement covering property, debts, maintenance, and support and parenting of any minor children has been filed;
- the affidavit includes a proposed decree; and
- the party filing the affidavit waives the right to appear personally and testify, and asks for a decree without a hearing.
Even then, the court may require a hearing for any reason it considers necessary (MCA § 40-4-108(4)(c)). So whether you will need to appear depends on the judge and the case. The paperwork for an agreed case is covered in marital settlement agreements and joint petitions for dissolution.
Contested Hearings and Trials
A contested final hearing is a trial to the judge or a standing master. At trial, witnesses testify in open court. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony by live transmission from another location (M. R. Civ. P. 43(a)). Each side presents witnesses and exhibits and may cross-examine the other side's witnesses.
Unless the court orders otherwise, each party files and serves proposed findings of fact and conclusions of law at least seven days before the trial or hearing (Uniform District Court Rule 8). After the evidence, the court must find the facts specially and state its conclusions of law separately. It may do that on the record or in a written decision (M. R. Civ. P. 52(a)(1)). A decision is not always announced the same day.
If a guardian ad litem or a court-appointed investigator has prepared a report about the children, it must be mailed to counsel and to any unrepresented party at least 10 days before the hearing, and any party may call the investigator for cross-examination (MCA §§ 40-4-205(5), 40-4-215(4)). For more on trial itself, see going to trial in a divorce.
Informal Domestic Relations Trials
Under Uniform District Court Rule 17, when at least one party is self-represented, a dissolution or parenting case is resolved through an informal domestic relations trial unless a party objects or the court orders otherwise. If both spouses have lawyers, the court may allow the informal process if both agree on the record.
In this format, each party speaks to the court under oath about the disputed issues. The other party does not cross-examine. The judge asks the questions and then asks the other side whether there are further areas it wants the court to ask about. The court may admit any evidence a party offers and decide what weight it deserves. The court must explain the process and advise the parties of their right not to consent, and the final judgment has the same force as one entered after a traditional trial.
Hearings Before the Final One
Not every hearing decides the whole case. During a divorce you may have a hearing on temporary orders for support or an injunction, where the other party is entitled to notice and a hearing (MCA § 40-4-121(5)). A motion for an interim parenting plan is supported by affidavits, and the court sets a hearing only if the affidavits establish adequate cause (MCA § 40-4-220(1)).
How to Prepare
- Know which kind of hearing it is, how much time is set, and whether it is in person.
- Bring copies of your signed agreement, parenting plan, proposed decree, and financial disclosures, or the exhibits you intend to offer.
- Confirm that every document your court requires before a final hearing has been filed.
- Answer the question asked, truthfully and briefly. You are under oath.
- If you do not feel safe being in the same room as your spouse, tell your lawyer or the court ahead of time. Anyone in danger should call 911, and the National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current court rules. Hearing practice varies by court and by judge. It is not legal advice about your specific case.