40-4-107. Irretrievable breakdown. (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.
(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and shall:
(a) make a finding whether the marriage is irretrievably broken; or
(b) continue the matter for further hearing not fewer than 30 or more than 60 days later or as soon thereafter as the matter may be reached on the court's calendar and may suggest to the parties that they seek counseling. At the adjourned hearing the court shall make a finding whether the marriage is irretrievably broken.
(3) A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation.
History: En. 48-319 by Sec. 19, Ch. 536, L. 1975; R.C.M. 1947, 48-319; amd. Sec. 8, Ch. 350, L. 2019.
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