Montana Code Annotated

Mont. Code Ann. § 40-4-101 (2026)

Purposes

✓ current as of May 2026

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TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 1. Separation -- Dissolution of Marriage

Purposes

40-4-101. Purposes. This chapter shall be liberally construed and applied to promote its underlying purposes, which are to:

(1) strengthen and preserve the integrity of marriage and safeguard family relationships;

(2) promote the amicable settlement of disputes that have arisen between parties to a marriage;

(3) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage;

(4) make reasonable provision for spouse and minor children during and after litigation; and

(5) make the law of legal dissolution of marriage effective for dealing with the realities of matrimonial experience by making irretrievable breakdown of the marriage relationship the sole basis for its dissolution.

History: En. 48-302 by Sec. 2, Ch. 536, L. 1975; R.C.M. 1947, 48-302(part).

Notes of Decisions

Cited in 15 cases (4 in the last 5 years), 1983–2025 · leading case: Volk v. Goeser, 2016 MT 61 (Mont. 2016).

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Volk v. Goeser, 2016 MT 61 (Mont. 2016). · cites it 12× “DISCUSSION ¶20 Section 40-4-101, MCA, provides that Montana’s law concerning separation and dissolution of marriage: shall be liberally construed and applied to promote its underlying purposes, which are to: (1) strengthen and preserve the integrity of marriage and safeguard…”

Mooney v. Brennan, 848 P.2d 1020 (Mont. 1993). · cites it 12× “Section 40-4-101, MCA. One purpose is to require parents to provide support for their children.”

Briese v. Montana Pub. Employees' Ret. Bd., 2012 MT 192 (Mont. 2012). · cites it 6× “¶24 Section 40-4-101, MCA, provides that Montana’s law concerning separation and dissolution of marriage, which encompasses the statute at issue in this case, shall be liberally construed and applied to promote its underlying purposes, which are to: (1) strengthen and preserve…”

In Re the Marriage of Olsen, 848 P.2d 1026 (Mont. 1993). · cites it 6× “Section 40-4-101(4), MCA. We now extend the reasoning in Mooney to the case at bar.”

Marriage of Richards v. Trusler, 2015 MT 314 (Mont. 2015). · cites it 2× “¶9 Richards appeals the District Court’s apportionment of the marital estate. 1 While the presence of the corporation as a “party” in the case style does not change our analysis or resolution of this case, corporations are not recognized as parties to a marital dissolution under…”

In Re the Marriage of Heidema, 2007 MT 20 (Mont. 2007). · cites it 3× “Section 40-4-101, MCA. Dissolutions are statutory proceedings.”

Rhode v. Adams, 1998 MT 73 (Mont. 1998). · cites it 2× “He also argues that one of the stated purposes of Montana’s laws governing dissolution of marriage is to mitigate the potential harm to the parties children caused by the process of legal dissolution of marriage.”

Marriage of Tanascu, 2014 MT 293 (Mont. 2014). · cites it 3× “” Section 40-4-101(2), MCA; In re Marriage of Miller, 189 Mont.”

In Re Marriage of McNeff, 673 P.2d 473 (Mont. 1983). · cites it 3× “” Section 40-4-101(4), MCA. “Child support must reflect a balance among the needs of the parties involved and the ability of the parents to pay.”

In Re Jordan, 226 B.R. 117 (Bankr. D. Mont. 1998). · cites it 2× “Section 40-4-101 provides: "Mutual obligations of husband and wife.”

Buck v. Buck, 2014 MT 344 (Mont. 2014). · cites it 3× “Section 40-4-101, MCA. This suggests that the legislative goals for § 40-4-104, MCA, included increasing access to dissolution and promoting speedy, amicable adjudication.”

Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). “See §§ 40-4-101(3), (4), -105(1)(d), (e), -201(1), -212, -221, -233, and -234, MCA (determination of initial child custody parenting plans among existing parents incident to marital dissolution, separation, or declaration of invalidity).12 However, as merely the gestational…”

Show all 15 citing cases →

— Mont. Code Ann. § 40-4-101(2) — 1 case

Marriage of Tanascu, 2014 MT 293 (Mont. 2014). “” Section 40-4-101(2), MCA; In re Marriage of Miller, 189 Mont.”

— Mont. Code Ann. § 40-4-101(3) — 3 cases

Rhode v. Adams, 1998 MT 73 (Mont. 1998). “He also argues that one of the stated purposes of Montana’s laws governing dissolution of marriage is to mitigate the potential harm to the parties children caused by the process of legal dissolution of marriage.”

Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).

— Mont. Code Ann. § 40-4-101(4) — 4 cases

Mooney v. Brennan, 848 P.2d 1020 (Mont. 1993). “Section 40-4-101, MCA. One purpose is to require parents to provide support for their children.”

In Re the Marriage of Olsen, 848 P.2d 1026 (Mont. 1993). “Section 40-4-101(4), MCA. We now extend the reasoning in Mooney to the case at bar.”

In Re Marriage of McNeff, 673 P.2d 473 (Mont. 1983). “” Section 40-4-101(4), MCA. “Child support must reflect a balance among the needs of the parties involved and the ability of the parents to pay.”

Marriage of Jackson, 2025 MT 177 (Mont. 2025).

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