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Legal Statutes: Montana

UPDATED July 16, 2017

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Part 1. Separation--Dissolution of Marriage

back to top40-4-104. 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.

Enacted 48-316 by Laws 1975, ch. 536, § 16; Revised Code of Montana 1947, 48-316. Amended by Laws 1985, ch. 392, § 1; amended by Laws 1997, ch. 343, § 6; amended by Laws 2003, ch. 314, § 2.