Montana Dissolution When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file a Petition for Dissolution of Marriage individually. Serve the Respondent. Proceed to default if no response is filed.

Individual Petition — Overview

1. File Petition for Dissolution of Marriage at District Court
2. Serve the Respondent
3. Respondent has 21 days (personal service) to file a Response
4. If no Response: file Motion for Default; proceed to default hearing
5. If Response filed: contested dissolution

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Worth trying even in uncooperative situations.

Option 2 — Sheriff's Service

County Sheriff serves the Petition and Summons. Cost: ~$25–$60. Return of Service filed with the court.

Option 3 — Process Server

Private process servers available in Montana. Cost: ~$50–$125.

Option 4 — Publication

If you cannot locate your spouse after diligent effort:

1. File Affidavit of Diligent Search with the District Court
2. Court authorizes service by publication
3. Publish in a qualified Montana newspaper for 3 consecutive weeks
4. File Affidavit of Publication

Publication service may limit the court's ability to divide property — consult an attorney.

After Service — 21-Day Response Deadline

The Respondent has 21 days after personal service to file a Response. File a Motion for Default if no Response is received.

Default Process

1. File Motion for Default with supporting Affidavit
2. Default entered
3. No waiting period in Montana
4. Schedule default final hearing
5. Present testimony: irretrievable breakdown; marital property inventory
6. Judge enters Final Decree of Dissolution of Marriage by default
7. Court equitably divides marital property based on your evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary maintenance
• Exclusive use of the marital home
• Temporary parenting and child support (if children)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | "Dissolution of Marriage" | "Irretrievable breakdown" — only ground | Individual Petition + service | 21-day response deadline | Default after no response | No waiting period | Equitable distribution | Temporary orders available | District Court | courts.mt.gov/Self_Help/Family_Law

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.