40-4-110. Costs -- professional fees. (1) The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under chapters 1 and 4 and for professional fees, including sums for legal and professional services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the professional, who may enforce the order in the professional's name.
(2) The purpose of this section is to ensure that both parties have timely and equitable access to marital financial resources for costs incurred before, during, and after a proceeding under chapters 1 and 4.
History: En. 48-327 by Sec. 27, Ch. 536, L. 1975; R.C.M. 1947, 48-327; amd. Sec. 9, Ch. 343, L. 1997.
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