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Divorce Waiting Period in Montana

In Montana, a divorce decree may not be entered until 21 days after service, and breakdown can be shown by 180 days of living apart or by serious marital discord.

Last checked . General information, not legal advice.

Montana at a glance

Waiting period
21 days after service
From the date of service. In a summary dissolution on joint petition, the hearing is held after 20 days from filing.
Separation required
No, 180 days apart is one way to prove breakdown
Serious marital discord is an alternative to living apart for more than 180 days.

Sources

Last checked

The rules in Montana

How long is the waiting period before a divorce can be finalized in Montana?

Waiting period in Montana: 21 days after service. From the date of service. In a summary dissolution on joint petition, the hearing is held after 20 days from filing.

Do spouses have to live apart before a no-fault divorce in Montana?

Separation required in Montana: No, 180 days apart is one way to prove breakdown. Serious marital discord is an alternative to living apart for more than 180 days.

Where do the Montana divorce waiting periods come from?

The rules above come from Mont. Code Ann. 40-4-105, Mont. Code Ann. 40-4-104 and Mont. Code Ann. 40-4-133. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.