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.
History: En. Sec. 6, Ch. 795, L. 1991.
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