reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-203. Inventory of individual personal property of married person

40-2-203. Inventory of individual personal property of married person.
A married person's title to and ownership of the person's individual property may be proved or demonstrated in the same manner that a single person's ownership of or title to a single person's individual property may be proved. However, if a married person chooses, the person may make out and sign an inventory of the person's individual personal property, which must be acknowledged or proved in the same manner required by law for the acknowledgment or proof of a grant of real property and recorded in the office of the county clerk of the county in which the person lives.
History: En. Sec. 221, Civ. C. 1895; re-en. Sec. 3701, Rev. C. 1907; re-en. Sec. 5793, R.C.M. 1921; Cal. Civ. C. Sec. 165; re-en. Sec. 5793, R.C.M. 1935; amd. Sec. 4, Ch. 293, L. 1975; R.C.M. 1947, 36-112; amd. Sec. 1567, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-204. Effect of filing inventory

40-2-204. Effect of filing inventory.
The filing of the inventory in the clerk's office is notice and prima facie evidence of the title of the person so filing.
History: En. Sec. 222, Civ. C. 1895; re-en. Sec. 3702, Rev. C. 1907; re-en. Sec. 5794, R.C.M. 1921; Cal. Civ. C. Sec. 166; re-en. Sec. 5794, R.C.M. 1935; amd. Sec. 5, Ch. 293, L. 1975; R.C.M. 1947, 36-113.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-205. Earnings and accumulations of married person

40-2-205. Earnings and accumulations of married person.
The earnings and accumulations of a married person are not liable for the debts of that person's spouse except for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children.
History: En. Sec. 223, Civ. C. 1895; re-en. Sec. 3703, Rev. C. 1907; re-en. Sec. 5795, R.C.M. 1921; Cal. Civ. C. Sec. 168; re-en. Sec. 5795, R.C.M. 1935; amd. Sec. 6, Ch. 293, L. 1975; R.C.M. 1947, 36-114; amd. Sec. 1568, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-206. Earnings and accumulations -- when separated

40-2-206. Earnings and accumulations -- when separated.
The earnings and accumulations of a married person and of the person's minor children living with the person or in the person's custody, while the person is living separate from the person's spouse, are the individual property of that person except that, to the extent that a mutual duty of support between the husband and wife as established by 40-2-102 still exists, the earnings and accumulations are liable for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children.
History: En. Sec. 224, Civ. C. 1895; re-en. Sec. 3704, Rev. C. 1907; re-en. Sec. 5796, R.C.M. 1921; Cal. Civ. C. Sec. 169; re-en. Sec. 5796, R.C.M. 1935; amd. Sec. 7, Ch. 293, L. 1975; R.C.M. 1947, 36-115; amd. Sec. 1569, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-207. Work and labor of married person

40-2-207. Work and labor of married person.
All work and labor performed by a married person for a person other than the married person's spouse and children must, unless there is a written agreement on the person's part to the contrary, be presumed to be performed on the person's separate account. This section does not affect the liability of earnings for debts incurred for necessary articles procured for the use and benefit of the married person, the person's spouse, or minor children, as established by 40-2-205, 40-2-206, 40-2-209, and 40-2-210.
History: En. Sec. 1442, 5th Div. Comp. Stat. 1887; re-en. Sec. 225, Civ. C. 1895; re-en. Sec. 3705, Rev. C. 1907; re-en. Sec. 5797, R.C.M. 1921; re-en. Sec. 5797, R.C.M. 1935; amd. Sec. 8, Ch. 293, L. 1975; R.C.M. 1947, 36-116; amd. Sec. 1570, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-208. Debts of spouse contracted before marriage

40-2-208. Debts of spouse contracted before marriage.
The property of a married person is not liable for the debts of the person's spouse contracted before marriage.
History: En. Sec. 226, Civ. C. 1895; re-en. Sec. 3706, Rev. C. 1907; re-en. Sec. 5798, R.C.M. 1921; Cal. Civ. C. Sec. 170; re-en. Sec. 5798, R.C.M. 1935; amd. Sec. 9, Ch. 293, L. 1975; R.C.M. 1947, 36-117.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-209. Individual property of married person -- how far liable

40-2-209. Individual property of married person -- how far liable.
Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except:
(1) when the debt or liability is for necessary articles procured for the use and benefit of the married person, the spouse, or minor children; or
(2) when the property is in the sole and exclusive possession of the spouse and the creditors have dealt with the spouse in good faith on the credit of the individual property without knowledge that the property does not belong to the spouse.
History: En. Sec. 1, p. 369, Bannack Stat.; re-en. Sec. 1, p. 521, Cod. Stat. 1871; re-en. Sec. 866, 5th Div. Rev. Stat. 1879; re-en. Sec. 1432, 5th Div. Comp. Stat. 1887; amd. Sec. 227, Civ. C. 1895; re-en. Sec. 3707, Rev. C. 1907; re-en. Sec. 5799, R.C.M. 1921; Cal. Civ. C. Sec. 171; re-en. Sec. 5799, R.C.M. 1935; amd. Sec. 10, Ch. 293, L. 1975; R.C.M. 1947, 36-118.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-210. Necessity determined by standard of living

40-2-210. Necessity determined by standard of living.
For purposes of determining whether a married person's earnings or individual property is exempt from the debts incurred by the person's spouse, the phrase "necessary articles" includes all goods and services that are reasonably required to provide for the health, welfare, comfort, and education of the married person, the person's spouse, and minor children, taking into consideration the earnings, resources, and general standard of living of the persons.
History: En. 36-118.1 by Sec. 11, Ch. 293, L. 1975; R.C.M. 1947, 36-118.1; amd. Sec. 1571, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-301. Husband and wife may contract

40-2-301. Husband and wife may contract.
Either husband or wife may enter into any engagement or transaction with the other or with any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the provisions of this code relative to trusts.
History: En. Sec. 214, Civ. C. 1895; re-en. Sec. 3694, Rev. C. 1907; re-en. Sec. 5786, R.C.M. 1921; Cal. Civ. C. Sec. 158; Field Civ. C. Sec. 79; re-en. Sec. 5786, R.C.M. 1935; R.C.M. 1947, 36-105.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-302. Liability of spouse

40-2-302. Liability of spouse.
The contracts made by a married person with respect to the person's individual property, labor, or services are not binding upon the person's spouse and do not render the spouse or the spouse's property liable for the contracts. However, the contracting person and that person's individual property are liable on the contracts in the same manner as if the person were single.
History: En. Sec. 1446, 5th Div. Comp. Stat. 1887; re-en. Sec. 254, Civ. C. 1895; re-en. Sec. 3734, Rev. C. 1907; re-en. Sec. 5810, R.C.M. 1921; re-en. Sec. 5810, R.C.M. 1935; amd. Sec. 16, Ch. 293, L. 1975; R.C.M. 1947, 36-129; amd. Sec. 1572, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-303. Alteration of legal relation by contract -- separation agreement

40-2-303. Alteration of legal relation by contract -- separation agreement.
A husband and wife cannot by any contract with each other alter their legal relation, except as to property and except that they may agree, in writing, to an immediate separation and may make provision for the support of either of them and of their children during such separation.
History: En. Sec. 215, Civ. C. 1895; re-en. Sec. 3695, Rev. C. 1907; re-en. Sec. 5787, R.C.M. 1921; Cal. Civ. C. Sec. 159; Based on Field Civ. C. Sec. 80; re-en. Sec. 5787, R.C.M. 1935; R.C.M. 1947, 36-106.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-304. Consideration for separation

40-2-304. Consideration for separation.
The mutual consent of the parties is a sufficient consideration for such an agreement as mentioned in 40-2-303.
History: En. Sec. 216, Civ. C. 1895; re-en. Sec. 3696, Rev. C. 1907; re-en. Sec. 5788, R.C.M. 1921; Cal. Civ. C. Sec. 160; Field Civ. C. Sec. 81; re-en. Sec. 5788, R.C.M. 1935; R.C.M. 1947, 36-107.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-311. Rights of husband and wife -- how governed

40-2-311. Rights of husband and wife -- how governed.
The property rights of the husband and wife are governed by parts 1 through 3 of this chapter, unless there is a marriage settlement containing stipulations contrary thereto.
History: En. Sec. 247, Civ. C. 1895; re-en. Sec. 3727, Rev. C. 1907; re-en. Sec. 5803, R.C.M. 1921; Cal. Civ. C. Sec. 177; re-en. Sec. 5803, R.C.M. 1935; R.C.M. 1947, 36-122.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-312. Marriage settlement contracts -- how executed

40-2-312. Marriage settlement contracts -- how executed.
Except as provided in part 6 of this chapter, all contracts for marriage settlements must be in writing and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved.
History: En. Sec. 248, Civ. C. 1895; re-en. Sec. 3728, Rev. C. 1907; re-en. Sec. 5804, R.C.M. 1921; Cal. Civ. C. Sec. 178; re-en. Sec. 5804, R.C.M. 1935; R.C.M. 1947, 36-123; amd. Sec. 11, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-313. Repealed

40-2-313. Repealed.
Sec. 14, Ch. 189, L. 1987.
History: En. Sec. 249, Civ. C. 1895; re-en. Sec. 3729, Rev. C. 1907; re-en. Sec. 5805, R.C.M. 1921; Cal. Civ. C. Sec. 179; re-en. Sec. 5805, R.C.M. 1935; R.C.M. 1947, 36-124.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-314. Effect of recording

40-2-314. Effect of recording.
Except as provided in part 6 of this chapter, the recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property.
History: En. Sec. 250, Civ. C. 1895; re-en. Sec. 3730, Rev. C. 1907; re-en. Sec. 5806, R.C.M. 1921; Cal. Civ. C. Sec. 180; re-en. Sec. 5806, R.C.M. 1935; R.C.M. 1947, 36-125; amd. Sec. 12, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 3. Power of Married Persons to Contract › 40-2-315. Marriage settlement by minors

40-2-315. Marriage settlement by minors.
A minor capable of contracting marriage may make a valid marriage settlement, as herein provided.
History: En. Sec. 251, Civ. C. 1895; re-en. Sec. 3731, Rev. C. 1907; re-en. Sec. 5807, R.C.M. 1921; Cal. Civ. C. Sec. 181; re-en. Sec. 5807, R.C.M. 1935; R.C.M. 1947, 36-126.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-602. Application and construction

40-2-602. Application and construction.
This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.
History: En. Sec. 2, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-603. Definitions

40-2-603. Definitions.
As used in this part, the following definitions apply:
(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
History: En. Sec. 3, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-604. Formalities

40-2-604. Formalities.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
History: En. Sec. 4, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-605. Content

40-2-605. Content.
(1) Parties to a premarital agreement may contract with respect to:
(a) the rights and obligations of each of the parties in any of the property of either or both of them, whenever and wherever acquired or located;
(b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(d) the modification or elimination of spousal support;
(e) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(f) the ownership rights in and disposition of the death benefit from a life insurance policy;
(g) the choice of law governing the construction of the agreement; and
(h) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support may not be adversely affected by a premarital agreement.
History: En. Sec. 5, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-607. Amendment -- revocation

40-2-607. Amendment -- revocation.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. The amended agreement or the revocation is enforceable without consideration.
History: En. Sec. 7, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-608. Enforcement

40-2-608. Enforcement.
(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) that party did not execute the agreement voluntarily; or
(b) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(3) An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.
History: En. Sec. 8, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-609. Enforcement when marriage void

40-2-609. Enforcement when marriage void.
If a marriage is declared invalid, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
History: En. Sec. 9, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 6. Uniform Premarital Agreement Act › 40-2-610. Limitation of actions

40-2-610. Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
History: En. Sec. 10, Ch. 189, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-101. Citation

40-3-101. Citation.
This chapter may be cited as the "Montana Conciliation Law".
History: En. Sec. 1, Ch. 238, L. 1963; R.C.M. 1947, 36-201.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-102. Purposes

40-3-102. Purposes.
The purposes of this chapter are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life and the institution of matrimony and to provide means for the reconciliation of spouses without the deadlines associated with pending litigation.
History: En. Sec. 2, Ch. 238, L. 1963; R.C.M. 1947, 36-202(1); amd. Sec. 6, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-103. Repealed

40-3-103. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 2, Ch. 238, L. 1963; R.C.M. 1947, 36-202(2).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-104. Repealed

40-3-104. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 2, Ch. 238, L. 1963; R.C.M. 1947, 36-202(3).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-111. Repealed

40-3-111. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: (1), (4)En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; Sec. 36-203, R.C.M. 1947; (2), (3)En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; Sec. 36-204, R.C.M. 1947; R.C.M. 1947, 36-203(1), (8), 36-204(1), (13).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-112. Repealed

40-3-112. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(2).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-113. Repealed

40-3-113. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(3); amd. Sec. 1573, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-114. Repealed

40-3-114. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(4); amd. Sec. 3, Ch. 405, L. 1979.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-115. Repealed

40-3-115. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(6).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-116. Repealed

40-3-116. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(7); amd. Sec. 1574, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-121. Repealed

40-3-121. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(2).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-122. Repealed

40-3-122. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(3) thru (5).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-123. Repealed

40-3-123. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(6).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-124. Repealed

40-3-124. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 3, Ch. 238, L. 1963; amd. Sec. 16, Ch. 100, L. 1973; R.C.M. 1947, 36-203(5); amd. Sec. 1575, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-125. Repealed

40-3-125. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(7) thru (9); amd. Sec. 1576, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-126. Repealed

40-3-126. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(10).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-127. Repealed

40-3-127. Repealed.
Sec. 10, Ch. 350, L. 2019.
History: En. Sec. 4, Ch. 238, L. 1963; amd. Sec. 2, Ch. 33, L. 1977; R.C.M. 1947, 36-204(11), (12); amd. Sec. 169, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-130. Filing of stipulation to stay

40-3-130. Filing of stipulation to stay.
At any time after the filing of an action for dissolution, legal separation, or annulment, the parties may stipulate to stay the proceedings to allow the parties to explore a reconciliation of the marriage.
History: En. Sec. 1, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-131. Stipulation form and contents

40-3-131. Stipulation form and contents.
A stipulation filed pursuant to this chapter must be signed by both parties and their counsel of record, if any, and include:
(1) a statement that both parties desire to stay the proceedings to allow the parties to pursue reconciliation;
(2) any agreements for support, parenting, or other matter related to the pending litigation that should continue in effect during the stay; and
(3) any other information the district court may by local rule require.
History: En. Sec. 2, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-133. Stay

40-3-133. Stay.
The district court shall order the matter stayed and vacate any scheduling order without a hearing on the basis of the stipulation and may set a reasonable time and place for a hearing on the stipulation if the district court determines a hearing is necessary.
History: En. Sec. 4, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 3. Reconciliation › Part 1. Montana Conciliation Law › 40-3-134. Orders

40-3-134. Orders.
(1) The district court shall stay the proceedings for as long as both parties consent to the stay.
(2) The district court shall issue an order adopting any interim agreement reduced to writing by the parties and filed with the district court or make any order regarding the conduct of the spouses, the parenting or support of minor children or spouses, and maintenance of the marital estate as the district court determines necessary and appropriate during the period of the stay.
(3) The parties shall file a status report with the district court not less than every 6 months. If the parties fail to file a status report with the district court for a period of 1 year or more, the district court may dismiss without prejudice the petition for dissolution, legal separation, or annulment.
(4) If either party files a request to dismiss the stay, the district court shall dismiss the stay and proceed with the dissolution of marriage, legal separation, or annulment proceeding.
History: En. Sec. 5, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-101. Purposes

40-4-101. Purposes.
This chapter shall be liberally construed and applied to promote its underlying purposes, which are to:
(1) strengthen and preserve the integrity of marriage and safeguard family relationships;
(2) promote the amicable settlement of disputes that have arisen between parties to a marriage;
(3) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage;
(4) make reasonable provision for spouse and minor children during and after litigation; and
(5) make the law of legal dissolution of marriage effective for dealing with the realities of matrimonial experience by making irretrievable breakdown of the marriage relationship the sole basis for its dissolution.
History: En. 48-302 by Sec. 2, Ch. 536, L. 1975; R.C.M. 1947, 48-302(part).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-102. Uniformity of application and construction

40-4-102. Uniformity of application and construction.
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
History: En. 48-303 by Sec. 3, Ch. 536, L. 1975; R.C.M. 1947, 48-303.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-103. Application of Montana Rules of Civil Procedure

40-4-103. Application of Montana Rules of Civil Procedure.
(1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.
(2) A proceeding for dissolution of marriage or legal separation must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".
(3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.
(4) In this chapter, "decree" includes "judgment".
(5) A decree of dissolution or of legal separation, if made, may not be awarded to one of the parties but must provide that it affects the status previously existing between the parties in the manner decreed.
History: En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 5, Ch. 343, L. 1997; amd. Sec. 2, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-104. Dissolution of marriage -- legal separation

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; and
(c) 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.
History: En. 48-316 by Sec. 16, Ch. 536, L. 1975; R.C.M. 1947, 48-316; amd. Sec. 1, Ch. 392, L. 1985; amd. Sec. 6, Ch. 343, L. 1997; amd. Sec. 2, Ch. 314, L. 2003; amd. Sec. 7, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-107. Irretrievable breakdown

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. 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.
History: En. 48-319 by Sec. 19, Ch. 536, L. 1975; R.C.M. 1947, 48-319; amd. Sec. 8, Ch. 350, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-109. Independence of provisions of decree or temporary order

40-4-109. Independence of provisions of decree or temporary order.
If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit parental contact with the child is not suspended but the party may move the court to grant an appropriate order.
History: En. 48-329 by Sec. 29, Ch. 536, L. 1975; R.C.M. 1947, 48-329; amd. Sec. 8, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-110. Costs -- professional fees

40-4-110. Costs -- professional fees.
(1) The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under chapters 1 and 4 and for professional fees, including sums for legal and professional services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the professional, who may enforce the order in the professional's name.
(2) The purpose of this section is to ensure that both parties have timely and equitable access to marital financial resources for costs incurred before, during, and after a proceeding under chapters 1 and 4.
History: En. 48-327 by Sec. 27, Ch. 536, L. 1975; R.C.M. 1947, 48-327; amd. Sec. 9, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-122. Forms -- distribution -- filing

40-4-122. Forms -- distribution -- filing.
The attorney general shall prepare uniform sample instructions and petition and order forms necessary for allowing an applicant to obtain a temporary restraining order under 40-4-121 and uniform sample affidavits and orders of inability to pay filing fees or other costs. The attorney general shall distribute samples of the restraining order and the inability-to-pay-filing-fees order forms to the clerk of the district court in each county and to justice, city, and municipal courts. The clerk of the district court, justices of the peace, city, and municipal courts shall make forms available to the public at no charge.
History: En. Sec. 5, Ch. 526, L. 1985; amd. Sec. 2, Ch. 208, L. 1989.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-123. Jurisdiction and venue

40-4-123. Jurisdiction and venue.
(1) District courts, municipal courts, justices' courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-4-121.
(2) The municipal judge, justice of the peace, or city court judge shall on motion suspend all further proceedings in the action and certify the pleading and any orders to the clerk of the district court of the county where the action was begun if an action for declaration of invalidity of a marriage, legal separation, or dissolution of marriage or for parenting is pending between the parties. From the time of the certification of the pleadings and any orders to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in district court.
(3) An action brought under 40-4-121 may be tried in the county in which either party resides or in which the physical abuse was committed.
(4) The right to petition for relief may not be denied because the plaintiff has vacated the residence or household to avoid abuse.
History: En. Sec. 6, Ch. 526, L. 1985; amd. Sec. 3, Ch. 208, L. 1989; amd. Sec. 6, Ch. 350, L. 1995; amd. Sec. 10, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-124. Review or removal -- district court

40-4-124. Review or removal -- district court.
(1) An order issued by a municipal court, justice's court, or city court pursuant to 40-4-121 is immediately reviewable by the judge of the district court at chambers upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a municipal court, justice's court, or city court made pursuant to 40-4-121.
(2) Any case in which an order has been issued by a municipal court, justice's court, or city court pursuant to 40-4-121 may be removed to district court upon filing of a notice of removal.
History: En. Sec. 7, Ch. 526, L. 1985; amd. Sec. 4, Ch. 208, L. 1989; amd. Sec. 7, Ch. 350, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 1. Separation -- Dissolution of Marriage › 40-4-125. Registration of orders

40-4-125. Registration of orders.
(1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-4-121, mail a copy of the order or any extension, modification, or termination of the order along with a copy of the proof of service to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law.
(2) Law enforcement agencies shall establish procedures, using an existing system for warrant verification and the database of the national crime information center of the United States department of justice, to ensure that peace officers at the scene of an alleged violation of a protective order are informed of the existence and terms of the order.
History: En. Sec. 8, Ch. 526, L. 1985; amd. Sec. 5, Ch. 208, L. 1989; amd. Sec. 9, Ch. 223, L. 2001.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.