Montana § 40-4-135 Actions To Set Aside Final Judgment

Montana Statutes

§ 40-4-135 — Actions To Set Aside Final Judgment

Montana·Title 40 FAMILY LAW·Ch. 4 TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT·Part 1 Separation -- Dissolution of Marriage

40-4-135 . Actions to set aside final judgment.

(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 Montana Rules of Civil Procedure.

(2)The district court shall set aside a final judgment made pursuant to 40-4-133 regarding all matters except the status of the marriage upon proof that the parties did not meet the requirements of 40-4-130 on the date the petition was filed.

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40-4-135 . Actions to set aside final judgment. (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 Montana Rules of Civil Procedure.
(2) The district court shall set aside a final judgment made pursuant to 40-4-133 regarding all matters except the status of the marriage upon proof that the parties did not meet the requirements of 40-4-130 on the date the petition was filed.

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