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Current as of January 01, 2024 | Updated by Findlaw Staff
(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;
(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.
Cite this article: FindLaw.com - Montana Title 40. Family Law § 40-4-136. Brochure to describe proceedings--availability--distribution--contents and form - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-40-family-law/mt-st-40-4-136/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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