Montana · Serving papers · Updated Oct 2026

Serving divorce papers in Montana

Service of divorce papers in Montana, from official sources: who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

In short

Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult. Time to respond: 21 days after service to file a response.

Time to respond
21 days after service
Accept or waive service
Yes
Law
Mont. Code Ann. 40-4-105(3); court forms MP-400 to MP-403

How papers are served in Montana

  • Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult.
  • Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).
  • If you can't find them, ask the court for service by publication (MP-402).

Law: Mont. Code Ann. 40-4-105(3); court forms MP-400 to MP-403

Deadline to respond and default

21 days after service to file a response

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in Montana, step by step

  1. File your papers first

    File with the District Court in your county. Service comes after filing.

  2. Serve the papers

    Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult.

  3. Or have your spouse sign

    Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    21 days after service to file a response.

  6. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in Montana

How do you serve divorce papers in Montana?

Your spouse must be served under the Montana Rules of Civil Procedure, usually by the sheriff (form MP-401) or another adult. Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2). If you can't find them, ask the court for service by publication (MP-402).

Can my spouse accept or waive service in Montana?

Your spouse can instead sign a Notice and Acknowledgment of Service (MP-403.1/403.2).

How long does my spouse have to respond in Montana?

21 days after service to file a response

More about divorce in Montana

Serving papers in nearby states

Sources

Last checked: Oct 24, 2026.