Montana § 40-4-104 Dissolution Of Marriage -- Legal Separation

Montana Statutes

§ 40-4-104 — Dissolution Of Marriage -- Legal Separation

Montana § 40-4-104

Title 40FAMILY LAW

Ch. 4TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 1Separation -- Dissolution of Marriage

This text of Montana § 40-4-104 (Dissolution Of Marriage -- Legal Separation) 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. § 40-4-104 (2026).

Text

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 partie

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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.

Legislative 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.