2022 Montana Code Annotated
Title 40. Family Law
Chapter 4. Termination of Marriage, Child Custody, Support
Part 1. Separation -- Dissolution of Marriage
40-4-136. Brochure to describe proceedings -- availability -- distribution -- contents and form
40-4-136. Brochure to describe proceedings -- availability -- distribution -- contents and form. (1) Each district court shall make available a brochure, prepared and distributed by the attorney general, describing the requirements, nature, and effect of proceedings under 40-4-130 through 40-4-136.
(2) (a) In nontechnical language, the brochure must:
(i) state that it is in the best interests of the parties to consult an attorney regarding the dissolution of their marriage. The services of an attorney may be obtained through lawyer referral services, group or prepaid legal services, or legal aid organizations.
(ii) state that the brochure is not intended as a guide for self-representation in proceedings under 40-4-130 through 40-4-136 and should not be relied upon exclusively by the parties;
(iii) provide a concise summary of the provisions of 40-4-104 and 40-4-130 through 40-4-136;
(iv) state that under the provisions of 40-4-130 through 40-4-136, neither party to the marriage may obtain maintenance from the other;
(v) state in boldface type that, upon entry of final judgment, the parties' rights and obligations with respect to the marriage, including property and maintenance rights, are permanently adjudicated without right of appeal but that neither party is barred from instituting 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; and
(vi) state that until final judgment is entered, the parties retain the status of married persons and cannot remarry.
(b) The brochure may include other matters that the attorney general considers appropriate.
History: En. Sec. 7, Ch. 795, L. 1991; amd. Sec. 9, Ch. 350, L. 2019.
