reglab/housing_qa huggingface dataset:
MT Code § 40-4-130 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-130. Summary dissolution -- conditions necessary at commencement of proceedings

  40-4-130. Summary dissolution -- conditions necessary at commencement of proceedings. A marriage may be dissolved by the summary dissolution procedure specified in 40-4-130 through 40-4-136 if all of the following conditions exist on the date the proceeding is commenced:   (1) Each party has met the requirements of 40-4-104 with regard to dissolution of marriage.   (2) Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.   (3) The wife is not pregnant and:   (a) there are no children from the relationship born before or during the marriage or adopted by the parties during the marriage; or   (b) the parties have executed an agreed-upon parenting plan and the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage.   (4) (a) Except as provided in subsection (4)(b), neither party has any interest in real property.   (b) The limitation of subsection (4)(a) does not apply to the lease of a residence occupied by either party if the lease does not include an option to purchase and if it terminates within 1 year from the date of the filing of the petition.   (5) There are no unpaid, unsecured obligations in excess of $20,000 incurred by either or both of the parties after the date of their marriage.   (6) The total fair market value of assets, excluding secured obligations, is less than $50,000.   (7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.   (8) The parties waive any right to maintenance.   (9) The parties, upon entry of final judgment of dissolution of marriage, irrevocably waive their respective rights to appeal the terms of the dissolution and their rights to move for a new trial on the dissolution.   (10) The parties have read and state that they understand the contents of the summary dissolution brochure provided for in 40-4-136.   (11) The parties desire that the court dissolve the marriage.   History: En. Sec. 1, Ch. 795, L. 1991; amd. Sec. 3, Ch. 545, L. 1999; amd. Sec. 1, Ch. 48, L. 2015.
MT Code § 40-4-131 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-131. Joint petition -- filing -- form -- contents

  40-4-131. Joint petition -- filing -- form -- contents. (1) A proceeding for summary dissolution of marriage is commenced by filing in the district court a joint petition in the form prescribed by the court.   (2) The petition must:   (a) be signed under oath by both parties;   (b) state that, as of the date of the filing of the joint petition, each condition set forth in 40-4-130 has been met;   (c) state the mailing address of both parties; and   (d) state whether or not a party elects to have the party's maiden or birth or former name restored and, if so, state the name to be restored.   History: En. Sec. 2, Ch. 795, L. 1991; amd. Sec. 1577, Ch. 56, L. 2009; amd. Sec. 2, Ch. 180, L. 2019.
MT Code § 40-4-132 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-132. Revocation of joint petition -- termination of proceeding -- notice -- copy to other party

  40-4-132. Revocation of joint petition -- termination of proceeding -- notice -- copy to other party. (1) At any time prior to the entry of final judgment, either party to the marriage may revoke the joint petition and thereby terminate the summary dissolution proceeding filed pursuant to 40-4-130 through 40-4-136.   (2) The revocation is effected by filing with the clerk of the court in which the proceeding was commenced a notice of revocation in the form and content prescribed by the district court.   (3) The revoking party shall send a copy of the notice of revocation to the last-known address of the other party by first-class mail, postage prepaid.   History: En. Sec. 3, Ch. 795, L. 1991.
MT Code § 40-4-133 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-133. Hearing and final judgment -- entry -- effect

  40-4-133. Hearing and final judgment -- entry -- effect. After 20 days from the date of the filing of the joint petition for summary dissolution, the district court shall hold a hearing at which both parties must be present, and if the court determines that the conditions in 40-4-130 exist, the court shall enter the final judgment dissolving the marriage. Entry of final judgment restores each party to the status of a single person and permits either to marry.   History: En. Sec. 4, Ch. 795, L. 1991.
MT Code § 40-4-134 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-134. Final judgment as final adjudication of rights and obligations

  40-4-134. Final judgment as final adjudication of rights and obligations. Except as provided in 40-4-135, entry of final judgment constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and property rights and constitutes a waiver of their respective rights to maintenance, rights to appeal the terms of the dissolution, and rights to a new trial.   History: En. Sec. 5, Ch. 795, L. 1991.
MT Code § 40-4-135 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-135. Actions to set aside final judgment

  40-4-135. Actions to set aside final judgment. (1) A final judgment made pursuant to 40-4-133 does not prejudice or bar the rights of either party to institute an action to set aside the final judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to the Montana Rules of Civil Procedure.   (2) The district court shall set aside a final judgment made pursuant to 40-4-133 regarding all matters except the status of the marriage upon proof that the parties did not meet the requirements of 40-4-130 on the date the petition was filed.   History: En. Sec. 6, Ch. 795, L. 1991.
MT Code § 40-4-136 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 1. Separation -- Dissolution of Marriage|40-4-136. Brochure to describe proceedings -- availability -- distribution -- contents and form

  40-4-136. Brochure to describe proceedings -- availability -- distribution -- contents and form. (1) Each district court shall make available a brochure, prepared and distributed by the attorney general, describing the requirements, nature, and effect of proceedings under 40-4-130 through 40-4-136.   (2) (a) In nontechnical language, the brochure must:   (i) state that it is in the best interests of the parties to consult an attorney regarding the dissolution of their marriage. The services of an attorney may be obtained through lawyer referral services, group or prepaid legal services, or legal aid organizations.   (ii) state that the brochure is not intended as a guide for self-representation in proceedings under 40-4-130 through 40-4-136 and should not be relied upon exclusively by the parties;   (iii) provide a concise summary of the provisions of 40-4-104 and 40-4-130 through 40-4-136;   (iv) state that under the provisions of 40-4-130 through 40-4-136, neither party to the marriage may obtain maintenance from the other;   (v) state in boldface type that, upon entry of final judgment, the parties' rights and obligations with respect to the marriage, including property and maintenance rights, are permanently adjudicated without right of appeal but that neither party is barred from instituting an action to set aside the final judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to the Montana Rules of Civil Procedure; and   (vi) state that until final judgment is entered, the parties retain the status of married persons and cannot remarry.   (b) The brochure may include other matters that the attorney general considers appropriate.   History: En. Sec. 7, Ch. 795, L. 1991; amd. Sec. 9, Ch. 350, L. 2019.
MT Code § 40-4-203 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-203. Maintenance

  40-4-203. Maintenance. (1) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:   (a) lacks sufficient property to provide for the spouse's reasonable needs; and   (b) is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.   (2) The maintenance order must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts, including:   (a) the financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;   (b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;   (c) the standard of living established during the marriage;   (d) the duration of the marriage;   (e) the age and the physical and emotional condition of the spouse seeking maintenance; and   (f) the ability of the spouse from whom maintenance is sought to meet the spouse's own needs while meeting those of the spouse seeking maintenance.   (3) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.   History: En. 48-322 by Sec. 22, Ch. 536, L. 1975; R.C.M. 1947, 48-322; amd. Sec. 1578, Ch. 56, L. 2009; amd. Sec. 5, Ch. 88, L. 2013.
MT Code § 40-4-205 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-205. Guardian ad litem

  40-4-205. Guardian ad litem. (1) The court may appoint a guardian ad litem to represent the interests of a minor dependent child with respect to the child's support, parenting, and parental contact. The guardian ad litem may be an attorney. The county attorney, a deputy county attorney, if any, or the department of public health and human services or any of its staff may not be appointed for this purpose.   (2) The guardian ad litem has the following general duties:   (a) to conduct investigations that the guardian ad litem considers necessary to ascertain the facts related to the child's support, parenting, and parental contact;   (b) to interview or observe the child who is the subject of the proceeding;   (c) to make written reports to the court concerning the child's support, parenting, and parental contact;   (d) to appear and participate in all proceedings to the degree necessary to adequately represent the child and make recommendations to the court concerning the child's support, parenting, and parental contact; and   (e) to perform other duties as directed by the court.   (3) The guardian ad litem has access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child and the child's siblings and parents or caretakers.   (4) The court shall enter an order for costs and fees in favor of the child's guardian ad litem. The order must be made against either or both parents, except that if the responsible party is indigent, the costs must be waived.   (5) The guardian ad litem shall mail the report to counsel and to any party not represented by counsel at least 10 days prior to the hearing.   History: En. 48-324 by Sec. 24, Ch. 536, L. 1975; R.C.M. 1947, 48-324; amd. Sec. 1, Ch. 93, L. 1979; amd. Sec. 1, Ch. 434, L. 1993; amd. Sec. 4, Ch. 394, L. 1995; amd. Sec. 119, Ch. 546, L. 1995; amd. Sec. 13, Ch. 343, L. 1997; amd. Sec. 7, Ch. 88, L. 2013.
MT Code § 40-4-206 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-206. Payment of maintenance or support to court -- handling fee of clerk

  40-4-206. Payment of maintenance or support to court -- handling fee of clerk. (1) Except as provided in subsection (4), upon its own motion or upon motion of either party, the court may order at any time that maintenance or support payments be made to the clerk of the district court as trustee for remittance to the person entitled to receive the payments.   (2) The clerk of the district court shall maintain records of payments received by the clerk listing the amount of payments, the date payments are required to be made, and the names and addresses of the parties affected by the order. The clerk may charge the payor a handling fee of $2 a payment, which must be in addition to the payment. Any handling fee collected by the clerk under this subsection must be paid into the county general fund unless the county has a district court fund. If the county has a district court fund, the amount must be paid into that fund.   (3) The parties affected by the order shall inform the clerk of the district court of any change of address or of other condition that may affect the administration of the order.   (4) When the department of public health and human services is providing services under Title IV-D of the Social Security Act or when income withholding is in effect in an order issued or modified after October 1, 1998, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.   History: En. 48-325 by Sec. 25, Ch. 536, L. 1975; R.C.M. 1947, 48-325; amd. Sec. 1, Ch. 532, L. 1985; amd. Sec. 26, Ch. 552, L. 1997.
MT Code § 40-4-207 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-207. Assignments

  40-4-207. Assignments. The court may order the person obligated to pay support or maintenance to make an assignment of a part of the person's periodic earnings or trust income to the person entitled to receive the payments. The assignment is binding on the employer, trustee, or other payor of the funds 2 weeks after service upon the payor of notice that the assignment has been made. The payor shall withhold from the earnings or trust income payable to the person obligated to support the amount specified in the assignment and shall transmit the payments to the person specified in the order. The payor may deduct from each payment a sum not exceeding $1 as reimbursement for costs. An employer may not discharge or otherwise discipline an employee as a result of a wage or salary assignment authorized by this section.   History: En. 48-326 by Sec. 26, Ch. 536, L. 1975; R.C.M. 1947, 48-326; amd. Sec. 1579, Ch. 56, L. 2009.
MT Code § 40-4-209 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-209. Security or guaranty to secure support

  40-4-209. Security or guaranty to secure support. (1) Upon a verified application that is made by a person authorized to enforce or collect a child support obligation or by the department of public health and human services and that shows that a person obligated to pay child support or maintenance pursuant to court or administrative order is delinquent in an amount equal to the total of 6 months' support payments, the court may direct the obligated person to appear and show cause why an order should not be entered ordering that the obligated person post bond, give a mortgage, or provide other security or guaranty for the payment of the delinquency.   (2) If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency.   (3) The bond or other security may be in an amount up to the total support due for a 2-year period and must be approved by the court. The bond must include the name and address of the issuer. Any person issuing a bond under this section must, if the bond is canceled, notify the court and the person or public agency entitled to receive payments under the support order.   (4) If the person obligated to pay child support or maintenance fails to make payments as required by the court or administrative order, the person or public agency entitled to receive payment may recover on the bond or other security. The amount recovered on the bond or other security must first be applied toward satisfaction of any support arrearages.   (5) The department of public health and human services shall adopt guidelines that take into account the payment record of the obligated person, the availability of other remedies, and other considerations which it determines relevant for determining whether the procedure provided in this section would carry out the purpose of enforcing payments of child support or would be appropriate in the circumstances. If after application of the guidelines the department of public health and human services determines an application for an order requiring security is not appropriate, it may not request the order.   History: En. Sec. 1, Ch. 521, L. 1985; amd. Sec. 98, Ch. 370, L. 1987; amd. Sec. 26, Ch. 609, L. 1987; amd. Sec. 20, Ch. 702, L. 1989; amd. Sec. 121, Ch. 546, L. 1995.
MT Code § 40-4-210 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-210. Child support jurisdiction -- nonresident individual

  40-4-210. Child support jurisdiction -- nonresident individual. (1) In a proceeding to establish or modify a child support order, a district court may acquire personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:   (a) the individual is personally served with notice within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;   (b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;   (c) the individual has resided with the child within this state;   (d) the child was adopted within this state when at least one parent was a resident;   (e) the individual resided in this state and provided prenatal expenses or support for the child;   (f) the child resides in this state as a result of the acts or directives of the individual;   (g) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or   (h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of the personal jurisdiction.   (2) A district court shall recognize and, if petitioned to do so, enforce according to its terms a child support order issued by a court or administrative agency of another state if the order was made consistent with the full faith and credit provisions of 28 U.S.C. 1738B.   (3) A district court may not establish a subsequent child support order that conflicts with an existing order entitled to recognition under subsection (2) or, except as provided in subsection (6), modify an existing order entitled to recognition under subsection (2).   (4) In interpreting a child support order issued in another state, including the duration of current payments and other obligations of support, a district court shall apply the law of the issuing state.   (5) In an action to enforce arrears under a child support order issued in another state, a district court shall apply the statute of limitations of this state or of the issuing state, whichever provides the longer period of limitation.   (6) A district court has jurisdiction to modify a child support order issued by a court or administrative agency of another state only after meeting the requirements of 40-5-1065, 40-5-1067, and 40-5-1068 and the standards for modification of interstate support orders set out in 28 U.S.C. 1738B.   History: En. Sec. 1, Ch. 459, L. 1989; amd. Sec. 52, Ch. 328, L. 1993; amd. Sec. 1, Ch. 579, L. 1999.
MT Code § 40-4-213 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-213. Interim parenting plan

  40-4-213. Interim parenting plan. (1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220(1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220(2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.   (2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.   (3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.   (4) Adoption of a final parenting plan under 40-4-234 vacates any interim parenting plan adopted under this section. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.   History: En. 48-333 by Sec. 33, Ch. 536, L. 1975; amd. Sec. 12, Ch. 33, L. 1977; R.C.M. 1947, 48-333; amd. Sec. 1, Ch. 410, L. 1979; amd. Sec. 16, Ch. 343, L. 1997.