Montana
MontanaMontanaThe followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider. Divorce Law GROUNDS FOR DIVORCE Grounds: None listed. Residency: One party must bedomiciled in Montana for 90 days. Waiting Period: Decree is final,subject to appeal. No Fault: Irretrievable breakdown;separation (180 days); serious marital discord. Defenses: Abolished by 40-4-105 Code Section: 40-4-101 to 220 CHILD CUSTODY
Uniform Child Custody Act:1977
Joint Custody:Yes, 40-4-222, 224
Grandparent Visitation:Yes, 40-4-217; 40-0-102
Child's Wishes Considered:Yes
Code Section: 40-4-211 MARITAL PROPERTY
Community Property: No. ANNULMENT AND PROHIBITEDMARRIAGE Grounds: Lacking consent (mental,alcohol, duress, fraud, force); no physical capacity toconsummate; underage; prohibited. Time Limitation: Mental infirmity:Within 1 year after knowledge; Alcohol, drugs: 1 year afterknowledge; Force, duress, fraud: 2 years after knowledge;Physical incapacity: party must not know at time of marriage andmust bring within 4 years; Underage: Until age of majority;Prohibited: Anytime. Legitimacy of Children: Childrenborn of prohibited marriages are legitimate. Prohibited Marriages: Previousmarriage undissolved; between ancestor and descendant, brotherand sister, first cousins, uncle and niece, aunt and nephew. Code Section: 40-1-401, 402 RESOURCES Montana Banking and Finance Division
1520 E. 6th Ave., Rm. 50
Helena, MT 59620
Phone: (406)444-2091
Donald W. Hutchinson, Commnr. Montana Child Support EnforcementDivision
Department of Social and Rehabilitation Services
3075 N. Montana Ave., Ste. 112
PO Box 5955
Helena, MT 59620
Phone: (406)444-4614
Fax: (406)444-1370 Montana Insurance Commissioner's Office
PO Box 4009
Helena, MT 59604-4009
Phone: (406)444-2040
Free: 800-332-6148
Mark OÕKeefe, Commnr. Montana State Department of Health andEnvironmental Sciences
Vital Records and Statistics Bureau
C-118 Cogswell Bldg.
Helena, MT 59620
Responds to public inquiries for birth and death records datedfrom 1907. Charges $10 for certified copies, and a $10 per hoursearch fee. Express mail service may be obtained by telephone ifcharged through Visa or Mastercard, for a $5 service charge plusFederal Express charges. Also maintains marriage and divorcerecords dated from 1943. No certified copies issued. May beobtained from county clerk of district court, (406)444-4228. Forall inquiries, enclose self-addressed, stamped envelope. Office of Child Support EnforcementRegional Representative (Montana)
Federal Office Bldg., Rm. 924
1961 Stout St.
Denver, CO 80294
Phone: (303)844-5594 State Bar of Montana
46 N. Last Chance Gulch PO Box 577 Helena, MT 59624 Phone:(406)442-7660 Fax: (406)442-7763 © 1997 Flying Solo™. All rights reserved. Legal Notices
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