Montana Code Annotated
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-252. Preliminary declaration of disclosure -- penalty

40-4-252. Preliminary declaration of disclosure -- penalty. (1) Within 60 days of service of a petition for dissolution or nullity of marriage or for legal separation of the parties, each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury. The parties may, by written stipulation or by oral stipulation made in open court, agree to waive the exchange of or change the time for exchange of preliminary declarations of disclosure.
(2) The preliminary declaration of disclosure may not be filed with the court, except on the court's order.
(3) The preliminary declaration of disclosure must set forth with sufficient particularity, which a person of reasonable and ordinary intelligence can ascertain, all of the following:
(a) the identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of an asset or liability; and
(b) the declarant's percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant's characterization of each asset or liability.
(4) A declarant may amend the declarant's preliminary declaration of disclosure without permission of the court.
(5) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(6) In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers that a party has committed perjury in the preliminary declaration of disclosure.
History: En. Sec. 2, Ch. 326, L. 1997; amd. Sec. 6, Ch. 545, L. 1999.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 4. Termination of Marriage, Child Custody, Support

Part 2. Support, Custody, Visitation, and Related Provisions

40-4-201. Separation agreement

40-4-202. Division of property

40-4-203. Maintenance

40-4-204. Child support -- orders to address health insurance -- withholding of child support

40-4-205. Guardian ad litem

40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-207. Assignments

40-4-208. Modification and termination of provisions for maintenance, support, and property disposition

40-4-209. Security or guaranty to secure support

40-4-210. Child support jurisdiction -- nonresident individual

40-4-211. Jurisdiction -- commencement of parenting proceedings

40-4-212. Best interest of child

40-4-213. Interim parenting plan

40-4-214. Interviews

40-4-215. Investigations and reports

40-4-216. Hearings

40-4-217. Notice of intent to move

40-4-218. Judicial supervision

40-4-219. Amendment of parenting plan -- mediation

40-4-220. Affidavit practice

40-4-221. Determination of child's care upon death of parent

40-4-222. Repealed

40-4-223. Repealed

40-4-224. Repealed

40-4-225. Access to records by parent

40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children

40-4-227. Rights of parents and children -- policy -- findings

40-4-228. Parenting and visitation matters between natural parent and third party

40-4-229. through 40-4-232 reserved

40-4-233. Final parenting plan -- purpose and objectives

40-4-234. Final parenting plan criteria

40-4-235. through 40-4-250 reserved

40-4-251. Definitions

40-4-252. Preliminary declaration of disclosure -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-257. Default judgments -- disclosures

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure