Montana Info

Montana Divorce Start Your Divorce Find Professionals Montana Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Montana Products Divorce by County

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Montana Divorce Support Montana Divorce Online

Montana Service of Process for Divorce
The Server

The sheriff, deputy sheriff, constable, or any other person over 18 and not a party to the action, may serve process where the party to be served is found.

In Montana, process servers must be registered. Servers who do more than 10 services of process in a year must obtain a registration certificate. This certificate also enables process servers to act as a levying officer. Registration requires a surety bond of $10,000 per individual and $100,000 for each firm. Process servers cannot levy on an amount in excess of their bond. Applicants must also pass a written examination based on the Handbook for Process Servers, which is published by the Montana Department of Commerce.

Serving Process

The divorce papers - the summons and complaint - are served together.

The summons contains the name of the court and the parties, is directed to the defendant, states the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time requirement for the defendant to appear and defend. It notifies the defendant that in case he or she fails to do so, judgment by default will be rendered against him or her for the relief demanded in the complaint.

In a divorce, personal service is effected upon an individual by delivering the divorce papers to him or her personally or by delivering them to an agent authorized by appointment or by law to receive service of process, provided that the agent is one designated by statute to receive service.

The divorce papers may also be served by mailing a copy of the summons and complaint (by first class mail, postage prepaid) to the defendant, together with two copies of a notice and acknowledgment conforming substantially to Form 18-A, and a return envelope, postage prepaid, addressed to the sender.

A missing defendant, who cannot be served in person or by mail, may be served by publication. Service of the summons by publication may be made by publishing it three times, once each week for three successive weeks, in a newspaper published in the county in which the action is pending, if a newspaper is published in such county. If no newspaper is published in such county, then the summons is to be published in a newspaper published in an adjoining county and having a general circulation therein. A copy of the summons for publication and complaint, at any time after the filing of the affidavit for publication and not later than 10 days after the first publication of the summons, is mailed, postage prepaid, and directed to the defendant at his or her last place of residence unless the residence of the defendant is unknown.

Start Montana Divorce Start Your Montana Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Montana Divorce Find Montana Divorce Professionals in Your Area:
Join the Network
Montana Divorce Products, Services and Solutions Montana Divorce Products, Services and Solutions
Montana Divorce Resources to Help You Through the Process.
Online Parenting Class Montana Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Montana Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a Montana Divorce


Settle Your Divorce Negotiate Your Montana Divorce


Support Forum Montana Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site