Montana Code Annotated
Part 1. Separation -- Dissolution of Marriage
40-4-123. Jurisdiction and venue

40-4-123. Jurisdiction and venue. (1) District courts, municipal courts, justices' courts, and city courts have concurrent jurisdiction to hear and issue orders under 40-4-121.
(2) The municipal judge, justice of the peace, or city court judge shall on motion suspend all further proceedings in the action and certify the pleading and any orders to the clerk of the district court of the county where the action was begun if an action for declaration of invalidity of a marriage, legal separation, or dissolution of marriage or for parenting is pending between the parties. From the time of the certification of the pleadings and any orders to the clerk, the district court has the same jurisdiction over the action as if it had been commenced in district court.
(3) An action brought under 40-4-121 may be tried in the county in which either party resides or in which the physical abuse was committed.
(4) The right to petition for relief may not be denied because the plaintiff has vacated the residence or household to avoid abuse.
History: En. Sec. 6, Ch. 526, L. 1985; amd. Sec. 3, Ch. 208, L. 1989; amd. Sec. 6, Ch. 350, L. 1995; amd. Sec. 10, Ch. 343, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 4. Termination of Marriage, Child Custody, Support

Part 1. Separation -- Dissolution of Marriage

40-4-101. Purposes

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

40-4-106. Renumbered 40-4-121

40-4-107. Irretrievable breakdown

40-4-108. Decree

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

40-4-121. Temporary order for maintenance or support, temporary injunction, or temporary restraining order

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