Montana Marriage Laws | § 40-1-105 | Application Of Montana Rules Of Civil Procedure. Marriage Laws

Montana Code Annotated 40-1-105

Application of Montana Rules of Civil Procedure.

(1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter. (2) A proceeding for declaration of invalidity of marriage must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........". (3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure. (4) In this chapter, "decree" includes "judgment".

En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 2, Ch. 343, L. 1997; amd. Sec. 1, Ch. 91, L. 1999.

Back to Montana Marriage Laws

More Montana Marriage Laws

§ 40-1-301 Solemnization and registration.
§ 40-1-105 Application of Montana Rules of Civil Procedure.
§ 40-1-107 Form of application, license, marriage certificate, and consent.
§ 40-1-213 Judicial approval.
§ 40-1-210 No license to be issued when applicants under influence of liquor or drug.
§ 40-1-321 Registration of marriage.
§ 40-1-401 Prohibited marriages -- contracts.
§ 40-1-402 Declaration of invalidity.
§ 40-1-104 Application.
§ 40-1-101 Purposes.
§ 40-1-102 Uniformity of application and construction.
§ 40-1-103 Formalities.
§ 40-1-106 Parts of code not applicable.
§ 40-1-201 License application.
§ 40-1-202 License issuance
§ 40-1-203 Proof of age.
§ 40-1-212 Effective period of license.
§ 40-1-311 Declaration of marriage without solemnization.
§ 40-1-312 Persons who may prepare declaration of marriage.
§ 40-1-313 Penalty.
§ 40-1-322 Certificate and copy presumptive evidence.
§ 40-1-323 Proof of solemnized marriage when no record.
§ 40-1-324 Declaration to be acknowledged and recorded.
§ 40-1-403 Validity of common-law marriage.
§ 40-1-404 Putative spouse.