Montana § 40-4-107 - Irretrievable Breakdown
Full text of Montana Montana Code Annotated § 40-4-107 — Irretrievable Breakdown, with citation guidance and answers to common questions.
§ 40-4-107. Irretrievable Breakdown
Irretrievable breakdown. (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. (2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and shall: (a) make a finding whether the marriage is irretrievably broken; or (b) continue the matter for further hearing not fewer than 30 or more than 60 days later or as soon thereafter as the matter may be reached on the court's calendar and may suggest to the parties that they seek counseling. At the adjourned hearing the court shall make a finding whether the marriage is irretrievably broken. (3) A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation.
Frequently Asked Questions About Montana § 40-4-107
What does Montana Code Annotated § 40-4-107 cover?
Section 40-4-107 ("Irretrievable Breakdown") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 40-4-107?
A common citation format is "Montana Code Annotated § 40-4-107" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 40-4-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.