Montana § 40-16-107 Motion For Judicial Relief

Montana Statutes

§ 40-16-107 — Motion For Judicial Relief

Montana § 40-16-107

Title 40FAMILY LAW

Ch. 16FAMILY LAW ARBITRATION

Part 1Uniform Family Law Arbitration Act

This text of Montana § 40-16-107 (Motion For Judicial Relief) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-16-107 (2026).

Text

40-16-107 . Motion for judicial relief.

(1)A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

(2)On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.

(3)On motion of a party, the court shall terminate arbitration if it determines that:

(a)the agreement to arbitrate is unenforceable;

(b)the family law dispute is not subject to arbitration; or

(c)under 40-16-112 , the arbitration should not proceed.

(4)Unless p

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40-16-107 . Motion for judicial relief. (1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.
(3) On motion of a party, the court shall terminate arbitration if it determines that:
(a) the agreement to arbitrate is unenforceable;
(b) the family law dispute is not subject to arbitration; or
(c) under 40-16-112 , the arbitration should not proceed.
(4) Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.