Planning Your Timeline: How Long Divorce Takes in Montana from Petition to Decree

When you’re facing divorce in Montana, one of your first questions is likely: “How long will this take?” The answer depends on whether your case is contested or uncontested, how quickly you complete mandatory steps, and your local court’s calendar. While Montana law requires a minimum 21-day waiting period before any divorce can be finalized, the reality is that most divorces take significantly longer—from two to four months for simple uncontested cases to nine to eighteen months or more for contested divorces involving complex property division or child custody disputes. Before starting, review our Montana divorce filing checklist to gather all necessary documents.

Understanding the Montana divorce timeline helps you plan your next steps, manage expectations, and avoid costly delays. This guide breaks down every stage of the dissolution process, from your initial filing through the final decree, with specific timeframes based on Montana statutes and practical experience in Montana District Courts.

Montana’s Mandatory 21-Day Waiting Period

Montana law imposes a statutory minimum waiting period of 21 days from the date of service before a court may enter a final divorce decree. This requirement is codified in MCA 40-4-105(3) and applies to all Montana divorces—even when both spouses agree on everything and file jointly.

The 21-day clock starts when the respondent (the spouse who did not file the petition) is formally served with the divorce papers, or when both spouses file a joint petition for dissolution. This is not simply 21 days from the filing date; service must be completed first. Montana follows the Montana Rules of Civil Procedure for service, meaning you can serve your spouse in person through a sheriff or process server, by certified mail with acknowledgment, or in limited circumstances by publication with court permission.

Even in the most amicable uncontested divorce, you cannot skip this 21-day minimum. The purpose of this waiting period is to provide a mandatory cooling-off window, ensuring both parties have time to consider the life-changing decision of ending their marriage. Courts have no discretion to waive or shorten this period, regardless of circumstances.

Before You File: Pre-Filing Requirements

Before you can file for divorce in Montana, at least one spouse must meet the 90-day residency requirement. Under MCA 40-4-104(1)(a), either you or your spouse must be domiciled in Montana or stationed here on active military duty for at least 90 days immediately before filing. This is a jurisdictional prerequisite—if neither spouse meets this requirement, the Montana District Court lacks authority to grant your divorce.

You’ll also need to choose the correct venue (county) for filing. Montana law permits filing in the District Court of any county where either the petitioner or respondent has resided during the 90 days preceding the filing, as specified in MCA 25-2-118(3).

The quality of your preparation before filing can significantly impact your timeline. Gathering financial documents—bank statements, tax returns, retirement account statements, property deeds, vehicle titles, and debt records—before filing allows you to complete Montana’s mandatory financial disclosure forms more quickly. You’ll also need to decide whether to pursue a joint petition (if both spouses agree on all terms), an uncontested divorce (where one files but both cooperate), or prepare for a contested case.

Uncontested Divorce Timeline in Montana

An uncontested divorce in Montana—where you and your spouse agree on property division, child custody and support (if applicable), and spousal maintenance—typically takes between two and four months from filing to final decree. Here’s what that timeline looks like in practice:

Week 1-2: Petition Preparation and Filing

You begin by completing the appropriate petition forms. Montana provides free, standardized forms on the Montana Courts website. For divorces without minor children, use form MP-112 (Petition for Dissolution without Children). For cases with children, use form MP-113 (Petition for Dissolution with Parenting Plan) along with form MP-300 (Proposed Parenting Plan). If both spouses are filing together, joint petition forms MP-115 and MP-116 are available.

When you file, you’ll pay the Montana statutory filing fees: $170 for the petition, $20 additional civil filing fee, and $10 court information technology surcharge, totaling $200 in state-mandated charges. Upon filing, the court clerk issues a summons that includes Montana’s Automatic Economic Restraining Order (AERO), which immediately restricts both parties from transferring assets, incurring unreasonable debt, or making major financial changes without agreement or court permission under MCA 40-4-126.

Days 1-21: Service and Waiting Period

If you filed individually (not jointly), you must serve your spouse with the summons and petition. Service can be accomplished by sheriff, private process server, or by certified mail with an acknowledgment form. The 21-day statutory waiting period begins on the date your spouse is served. During this time, your spouse has 21 days to file a verified response if they choose, though in uncontested cases many spouses file a stipulation and waiver instead.

Days 22-60: Financial Disclosures

Montana law requires mandatory financial disclosures in divorce cases. Each party must serve (not file with the court) a Preliminary Declaration of Disclosure within 60 days after service of the petition, as mandated by MCA 40-4-252. These disclosures list all assets, liabilities, income, and expenses. Using forms MP-500 (Financial Disclosure and Proposed Property Distribution) and MP-510 (Income and Expenses) ensures compliance with statutory requirements.

Days 30-90: Settlement and Parenting Plan

In uncontested cases, you and your spouse will finalize a written settlement agreement covering property division, debt allocation, and any spousal maintenance. If you have minor children, you must also complete a detailed parenting plan addressing legal and physical custody, parenting time schedules, holiday and vacation arrangements, decision-making authority, and child support calculations using Montana’s child support guidelines administered by the Department of Public Health and Human Services (DPHHS).

Days 60-120: Final Decree

Once all agreements are in place, disclosures are complete, and at least 21 days have passed since service, you can request a final hearing or, in many Montana counties, file an affidavit requesting entry of the decree without a hearing. The court reviews your settlement and parenting plan (if applicable) to ensure compliance with Montana law and the best interests of any children. If everything is in order, the judge signs the final decree of dissolution. Total time from filing to decree in straightforward uncontested cases typically ranges from 60 to 120 days, depending on court calendars and how quickly you complete required steps.

Contested Divorce Timeline in Montana

When you and your spouse cannot agree on significant issues—property division, child custody, child support amounts, or spousal maintenance—your divorce becomes contested. Contested Montana divorces typically take nine to eighteen months, and complex cases involving business valuations, extensive discovery, or protracted custody disputes can extend beyond two years. Here’s the general timeline:

Month 1: Filing, Service, and Initial Orders

The case begins the same way as an uncontested divorce: filing the petition, paying fees, and serving your spouse. However, in contested cases, one or both parties typically file motions for temporary orders early in the process. Under MCA 40-4-121, the court can issue temporary orders for child custody, parenting time, child support, spousal maintenance, exclusive use of the marital home, and injunctions preventing harassment or removal of children from Montana. Obtaining temporary orders usually requires a hearing within the first one to two months and provides stability while the case proceeds.

Months 1-3: Responses and Preliminary Disclosures

The respondent files a verified response within 21 days of service, potentially including counterclaims or requests for different relief. Both parties must serve their Preliminary Declarations of Disclosure within 60 days of service, listing all marital and separate property, debts, income, and expenses.

Months 2-6: Discovery Process

Contested cases involve formal discovery under the Montana Rules of Civil Procedure. This can include written interrogatories (questions requiring sworn answers), requests for production of documents (financial records, emails, text messages), requests for admission, and depositions (sworn testimony taken before trial). Discovery allows each side to gather evidence, identify witnesses, and understand the other party’s claims. This phase often takes three to five months depending on complexity and cooperation.

Months 3-8: Mediation and Settlement Negotiations

While mediation is not mandatory statewide in Montana, many District Court judges order mediation for contested issues, particularly parenting disputes, under MCA 40-4-301. Mediation typically occurs in the middle stages of a contested case, after initial discovery but before full trial preparation. One or two mediation sessions, each lasting several hours, can take place over a period of one to two months. Many cases settle fully or partially at mediation, which can significantly shorten the overall timeline.

For income-eligible self-represented parties with children, Montana’s Family Transition Project offers free mediation and legal consultation, which can reduce costs and expedite resolution.

Months 6-12: Final Disclosures, Expert Reports, and Trial Preparation

Unless the case settles at mediation, parties must exchange Final Declarations of Disclosure 45 days before trial or before signing any final settlement agreement. If you have complex property (a business, professional practice, farm or ranch, or significant retirement accounts), you may need expert appraisals or valuations, which can take several months to complete. Similarly, if custody is seriously contested, the court may appoint a parenting evaluator or guardian ad litem, adding time and expense.

Months 9-18: Trial and Final Decree

If no settlement is reached, the case proceeds to trial. Montana divorce trials are bench trials—decided by a judge, not a jury. Depending on the number of issues and witnesses, a trial can last one to three days or more. After trial, the judge may issue findings and conclusions from the bench or take the matter under advisement and issue a written decision weeks later. Once the judge signs the final decree of dissolution, the divorce is complete.

The timeline for contested cases varies widely based on court dockets (busier counties like Yellowstone or Missoula may have longer waits for trial dates), complexity of financial or custody issues, and whether parties engage in good-faith settlement efforts. Nine to eighteen months is typical, but particularly contentious or complex cases can exceed two years.

Key Milestones That Affect Your Timeline

Several procedural deadlines and requirements significantly impact how long your Montana divorce takes:

• 21-day response deadline: After service, the respondent has 21 days to file a verified response. Default cases can proceed if no response is filed, but still require compliance with the 21-day minimum waiting period and filing of a military status affidavit under the Servicemembers Civil Relief Act.
• Financial disclosure deadlines: Preliminary disclosures within 60 days of service; Final Declarations 45 days before trial or before signing a settlement. Missing these deadlines can result in sanctions, continuances, or adverse rulings.
• Temporary orders: Filing motions for temporary support, custody, or exclusive use of the home can add one to two months to the front end of your case, but these orders provide stability and clarity during the divorce process.
• Mediation requirements: If your judge orders mediation (common in cases with children), expect to add one to two months to the timeline for scheduling and completing sessions.
• Parenting plan completion: Cases with minor children cannot be finalized until a parenting plan is adopted. Completing a thorough, compliant plan early—or reaching agreement through negotiation or mediation—prevents last-minute delays.
• AERO compliance: Violating the Automatic Economic Restraining Order by hiding assets, making large purchases, or depleting accounts can lead to sanctions, contempt findings, or orders that delay your case and increase costs.

How to Minimize Delays in Your Montana Divorce

While you cannot control court calendars or your spouse’s cooperation, you can take proactive steps to avoid unnecessary delays:

• Complete accurate financial disclosures on time: Gather complete documentation and fill out forms MP-500 and MP-510 thoroughly. Incomplete or inaccurate disclosures invite disputes and can restart deadlines.
• Respond promptly to discovery requests: If your spouse serves interrogatories or document requests, respond within the deadlines set by the Montana Rules of Civil Procedure. Delays in discovery often lead to motions to compel and extended timelines.
• Attend mediation in good faith: Even if you’re skeptical about settlement, approach mediation prepared to negotiate. Settlements reached at mediation can shave months off your divorce timeline.
• Follow AERO restrictions: Do not make major financial decisions without written agreement or court approval. Violations complicate settlement and can result in sanctions.
• Use Montana’s state forms correctly: The standardized forms (MP-series) are designed to meet Montana statutory and court requirements. Using outdated or incorrect forms can cause rejections and refiling delays.
• Consider joint filing if truly uncontested: If you and your spouse genuinely agree on all terms, filing a joint petition (MP-115 or MP-116) eliminates service requirements and can streamline scheduling.

Special Circumstances and Alternative Timelines

Summary Dissolution (20-Day Fast Track)

Montana offers a summary dissolution procedure for couples who meet strict eligibility criteria under MCA 40-4-130 to 40-4-136. Requirements include: no real property ownership; unsecured debt of $20,000 or less; total marital asset value under $50,000 (excluding encumbrances); no pregnancy; either no minor children or a complete parenting plan and child support order already in place; and both parties waiving maintenance and appeal rights. If you qualify, you file a joint petition, and the court holds a short hearing no sooner than 20 days after filing. If all criteria remain satisfied, the judge can enter the final decree at that hearing, making this the fastest dissolution option in Montana.

Default Divorce

If your spouse does not respond within 21 days of service, you can request a default judgment. However, you still must wait the mandatory 21 days after service before the decree can be entered. Additionally, you must file an affidavit regarding your spouse’s military status under the Servicemembers Civil Relief Act (SCRA). If your spouse is on active duty, the court may appoint counsel and grant a stay, extending the timeline.

Military Spouse Considerations

If your spouse is on active military duty, SCRA protections under 50 U.S.C. § 3931 may allow them to request a stay of proceedings if their service materially affects their ability to participate in the divorce. This can extend timelines, sometimes significantly, until the service member is available to respond or appear.

Domestic Violence Cases

Montana law provides important protections in cases involving domestic violence. Courts cannot compel mediation if there is a history of physical, sexual, or emotional abuse unless both parties give informed written consent and the mediator is trained in domestic violence issues under MCA 40-4-301(2). Orders of Protection can be obtained at no cost and may be issued in conjunction with the divorce. These safety measures are essential but can add procedural steps to the timeline.

What Happens After the Final Decree?

Once the judge signs your final decree of dissolution, your divorce is immediately effective—Montana does not have a nisi period or automatic appeal window. You must complete and submit the Vital Statistics Reporting Form to the Montana Department of Public Health and Human Services so your marital status can be updated in state records.

The decree sets forth the terms of your property division, debt allocation, parenting plan (if applicable), child support, and any spousal maintenance. Implementation begins immediately: bank accounts are divided, property titles transferred, retirement account Qualified Domestic Relations Orders (QDROs) are drafted and submitted, and parenting time schedules commence.

Future modifications are possible but require meeting statutory standards. Child support can be modified upon a showing of a substantial and continuing change in circumstances under MCA 40-4-208. Parenting plans can be amended if circumstances have changed and the modification is necessary for the child’s best interests under MCA 40-4-219. Property divisions, however, are generally final and cannot be modified absent extraordinary circumstances like fraud or failure to disclose assets.

Estimate Your Montana Divorce Costs

Understanding your divorce timeline is just one piece of planning. Use our Montana divorce cost calculator below to estimate filing fees, attorney costs, and other expenses based on whether your case is contested or uncontested, whether you have children, and the complexity of your property division:

Conclusion: Planning Your Montana Divorce Timeline

The Montana divorce timeline ranges from a statutory minimum of 21 days to a practical reality of two to four months for uncontested cases and nine to eighteen months (or longer) for contested divorces. Your specific timeline depends on the complexity of your assets, whether you have children, how well you and your spouse communicate and cooperate, and the caseload in your local District Court.

By understanding Montana’s mandatory waiting period, financial disclosure requirements, and the difference between uncontested and contested procedures, you can set realistic expectations and take steps to avoid unnecessary delays. Whether your divorce is amicable or contentious, knowing what to expect at each stage—from filing and service through disclosures, mediation, and final decree—empowers you to move forward with confidence. For additional guidance on navigating contested cases, learn about divorce battle or mediation costs to choose the right path for your situation.

For more information on divorce timelines in neighboring states, see our guides for Idaho, Wyoming, and Nevada. And remember: while the timeline can feel overwhelming, thousands of Montanans successfully navigate dissolution each year using the state’s clear statutory framework and excellent self-help resources.