40-4-103. Application of Montana Rules of Civil Procedure. (1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.
(2) A proceeding for dissolution of marriage or legal separation must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".
(3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.
(4) In this chapter, "decree" includes "judgment".
(5) A decree of dissolution or of legal separation, if made, may not be awarded to one of the parties but must provide that it affects the status previously existing between the parties in the manner decreed.
History: En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 5, Ch. 343, L. 1997; amd. Sec. 2, Ch. 91, L. 1999.
Structure Montana Code Annotated
Chapter 4. Termination of Marriage, Child Custody, Support
Part 1. Separation -- Dissolution of Marriage
40-4-102. Uniformity of application and construction
40-4-103. Application of Montana Rules of Civil Procedure
40-4-104. Dissolution of marriage -- legal separation
40-4-105. Procedure -- commencement -- pleadings -- abolition of existing defenses
40-4-107. Irretrievable breakdown
40-4-109. Independence of provisions of decree or temporary order
40-4-110. Costs -- professional fees
40-4-111. through 40-4-120 reserved
40-4-122. Forms -- distribution -- filing
40-4-123. Jurisdiction and venue
40-4-124. Review or removal -- district court
40-4-125. Registration of orders
40-4-126. Automatic economic restraining order
40-4-127. through 40-4-129 reserved
40-4-130. Summary dissolution -- conditions necessary at commencement of proceedings
40-4-131. Joint petition -- filing -- form -- contents
40-4-132. Revocation of joint petition -- termination of proceeding -- notice -- copy to other party
40-4-133. Hearing and final judgment -- entry -- effect
40-4-134. Final judgment as final adjudication of rights and obligations
40-4-135. Actions to set aside final judgment
40-4-136. Brochure to describe proceedings -- availability -- distribution -- contents and form