Uncontested vs. Contested Divorce in Montana: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Montana an uncontested and a contested divorce share the 90-day domicile rule and the 21-day wait after service. A denied breakdown can add a continuance of 30 to 60 days, and any case with a child needs a parenting plan.

What is the same in an uncontested and a contested Montana divorce?

The 90-day rule and the 21 days from service (MCA 40-4-105(3)). The Montana divorce timeline calculator gives the same earliest decree for both.

Item	Agreed (uncontested)	Disputed (contested)
Residence	90 days of domicile	90 days of domicile
Response	Both state the breakdown, or the respondent does not deny it	The respondent denies it under oath
Waiting period	No decree until 21 days after service	No decree until 21 days after service
Hearing	The court holds a hearing and makes the finding	The court weighs the facts or continues the case 30 to 60 days
Parenting plan	Proposed by the parents jointly or each	Each parent submits a proposed plan; the court decides

How does an agreed divorce work in Montana?

If both parties have stated under oath that the marriage is irretrievably broken, or one has and the other has not denied it, the court, after hearing, makes a finding whether it is irretrievably broken (40-4-107(1)). The court must also have considered, approved or made provision for parenting, support, maintenance and property (40-4-104(1)(c)).

What if one spouse denies the breakdown in Montana?

The court considers all relevant factors, including the circumstances that gave rise to the petition and the prospect of reconciliation, and either makes the finding or continues the matter for a further hearing not fewer than 30 or more than 60 days later, and may suggest counseling (40-4-107(2)). A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation (40-4-107(3)).

What does the respondent file in Montana?

The other party may within 21 days after service file a verified response (40-4-105(3)). A decree may not be entered until 21 days after service.

Is there an automatic restraining order in Montana?

Yes. The petitioner acknowledges in the petition that the automatic economic restraining order in section 40-4-126 applies on filing (40-4-105(1)(h)); ask a licensed Montana attorney what it prohibits.

Does a parenting plan have to be filed in Montana?

In every dissolution proceeding involving a child, each parent or both jointly submit a proposed final parenting plan in good faith, and a final plan is incorporated into any final decree, including a default (40-4-234(1)).

Can the court join other parties in Montana?

Yes. The court may join additional parties proper for the exercise of its authority to implement the chapter (40-4-105(5)).

Does the response have to be verified in Montana?

Yes. The statute speaks of a verified response filed within 21 days after service (40-4-105(3)), so it is signed under oath or affirmation.

What if the respondent never responds in Montana?

The case can end by default, but no decree may be entered until 21 days after service, and the court still has to provide for children, support, maintenance and property (40-4-104(1)(c)).

What changes in a contested Montana divorce?

The court decides what the spouses cannot settle: property under 40-4-202, maintenance and the parenting plan on the child’s best interest. See the Montana property division calculator and the Montana parenting time calculator.

Frequently asked questions

Does an uncontested Montana divorce skip the 21-day wait?

No. No decree can be entered until 21 days after service.

Does a Montana divorce need a parenting plan?

Yes, if the marriage involves a child: each parent submits a proposed final plan, and the decree incorporates one.

What if my Montana spouse denies the marriage is broken?

The court weighs the evidence and may continue the case 30 to 60 days, possibly suggesting counseling.

Can a Montana divorce be granted by default?

Yes. The statute speaks of dissolution by default, and a final parenting plan is still incorporated.

How long does a Montana respondent have to respond?

21 days after service.

Official sources

Going through a divorce or custody case in Montana?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Montana attorney

This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.