Title 40, Title 40

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

(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, lea…

A premarital agreement becomes effective upon marriage.

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.

(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…

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.

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 …

This chapter may be cited as the "Montana Conciliation Law".

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 …

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.

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,…

No fee may be charged for filing the stipulation.

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.

(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 conduc…

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 …

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.

(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 separ…

(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 …

(1) The verified petition in a proceeding for dissolution of marriage or legal separation must allege that the marriage is irretrievably broken and must set forth: (a) the age, occupation, and residence of each party and the party's length of residence in this state; (b) the date…

(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 irretrie…

(1) A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provisi…

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 appro…

(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…

(1) In a proceeding for dissolution of marriage or for legal separation or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move fo…

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 atto…

(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 cert…

(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…

(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 …

(1) On the filing of a petition for declaration of invalidity of marriage, a petition for dissolution of marriage, or a petition for legal separation, the clerk of the district court shall issue a summons and shall include with the summons an automatic economic restraining order …

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…

(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 petit…

(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 co…

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 diss…

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 appea…

(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 Mon…

(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 …

(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of th…

(1) In a proceeding for dissolution of a marriage, legal separation, or division of property following a decree of dissolution of marriage or legal separation by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to divide the property, the co…

(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 find…

(1) In a proceeding for dissolution of marriage, legal separation, maintenance, or child support, the court shall order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct…

(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 depart…

(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. …

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…

(1) Except as otherwise provided in 40-4-201(6), a decree may be modified by a court as to maintenance or support only as to installments accruing subsequent to actual notice to the parties of the motion for modification. (2) (a) Except as provided in 40-4-251 through 40-4-258, w…

(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 administra…