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Legal Statutes: Montana

UPDATED July 16, 2017

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Part 1. Separation--Dissolution of Marriage

back to top40-4-123. 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.
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.