Montana Family Law Code.
How to file for divorce in Montana (from Montana courts)
Montana Child Support Guidelines.
About Montana Divorces.
Selected Montana Family Code Statutes
- 40-4-104. Dissolution of marriage -- legal separation.
(1) The district court shall enter a decree of dissolution of marriage if:
(a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state, as provided in 25-2-118, or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days preceding the filing of the action;
(b) the court finds that the marriage is irretrievably broken, which findings must be supported by evidence: (i) that the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or (ii) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage;
(c) the court finds that the conciliation provisions of the Montana Conciliation Law and of 40-4-107 either do not apply or have been met; and
(d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for parenting, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property.
(2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.
- 40-4-107. Irretrievable breakdown.
(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.
(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and shall:
(a) make a finding whether the marriage is irretrievably broken; or
(b) continue the matter for further hearing not fewer than 30 or more than 60 days later or as soon thereafter as the matter may be reached on the court's calendar and may suggest to the parties that they seek counseling. The court at the request of either party shall, or on its own motion may, order a conciliation conference. At the adjourned hearing the court shall make a finding whether the marriage is irretrievably broken.
(3) A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation.
(4) Nothing in this section shall be interpreted to affect the provisions of chapter 3 of this title, known as the Montana Conciliation Law.
Last Updated: 10-9-08
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