Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 1. Separation -- Dissolution of Marriage
Montana Code Annotated

Mont. Code Ann. § 40-4-104 (2026)

Dissolution Of Marriage -- Legal Separation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 1
  5. 40-4-104 Dissolution of marriage -- legal separation

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 1. Separation -- Dissolution of Marriage

Dissolution Of Marriage -- Legal Separation

40-4-104. Dissolution of marriage -- legal separation. (1) The district court shall enter a decree of dissolution of marriage if:

(a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state, as provided in 25-2-118, or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days preceding the filing of the action;

(b) the court finds that the marriage is irretrievably broken, which findings must be supported by evidence:

(i) that the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or

(ii) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage; and

(c) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for parenting, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property.

(2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.

History: En. 48-316 by Sec. 16, Ch. 536, L. 1975; R.C.M. 1947, 48-316; amd. Sec. 1, Ch. 392, L. 1985; amd. Sec. 6, Ch. 343, L. 1997; amd. Sec. 2, Ch. 314, L. 2003; amd. Sec. 7, Ch. 350, L. 2019.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1979–2025 · leading case: In Re the Marriage of Geertz, 755 P.2d 34 (Mont. 1988).
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In Re the Marriage of Geertz, 755 P.2d 34 (Mont. 1988). · cites it 9× “Donna contends that Section 40-4-104(l)(d), MCA, prohibits bifurcation of the proceeding in the instant case.”
In re the Marriage of Geror, 2000 MT 60 (Mont. 2000). · cites it 9× “Once the court finds that the marriage is irretrievably broken and satisfies the other requirements of § 40-4-104, MCA, the court shall enter a decree of dissolution.”
In Re the Marriage of Skinner, 783 P.2d 1350 (Mont. 1989). · cites it 7× “Section 40-4-104, MCA, provides: “(1) The district court shall enter a decree of dissolution of marriage if: “(d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child entitled to support,…”
In Re the Marriage of Ensign, 739 P.2d 479 (Mont. 1987). · cites it 5× “Under Section 40-4-104, MCA, a district court is required to enter a decree of dissolution if: “(a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and…”
In Re the Marriage of Cox, 736 P.2d 97 (Mont. 1987). · cites it 10× “Wife moved to vacate the Montana District Court’s findings, conclusions, and decree, essentially challenging jurisdiction of the District Court under Sections 40-4-104 and 40-4-211, MCA, and requesting a child custody modification.”
Miller v. Miller, 616 P.2d 313 (Mont. 1980). · cites it 3× “Section 40-4-104, MCA, recites in applicable part: “(1) The district court shall enter a decree of dissolution of marriage if: “(d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child…”
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). · cites it 6× “Commissioners’ Note for § 40-4-104 specifically states that: If the court lacks jurisdiction to act upon .”
Nehme v. Immigr. & Naturalization Serv., 252 F.3d 415 (5th Cir. 2001). “305 (West 2000); Mont.Code Ann. § 40-4-104 (2000); N.H.Rev.”
In Re the Marriage of Krause, 654 P.2d 963 (Mont. 1982). · cites it 3× “The authority is found in section 40-4-104, MCA, which reads in part: “The District Court shall enter a decree of dissolution if: “.”
In Re the Marriage of Miller, 858 P.2d 338 (Mont. 1993). · cites it 6× “We hold that the District Court did not commit jurisdictional errors in dissolving the marriage and that the findings required by § 40-4-104, MCA, are supported by substantial evidence and are not clearly erroneous.”
In Re the Marriage of Lawrence, 687 P.2d 1026 (Mont. 1984). · cites it 5× “The appellant also contends that a decree of dissolution must be entered in this case under Section 40-4-104, MCA. Section 40-4-104 states in pertinent part: “(1) The district court shall enter a decree of dissolution of marriage if: “(b) the court finds that the marriage is…”
Erwin v. State, Dept. of Fam. Servs., 2010 WY 117 (Wyo. 2010). · cites it 2× “" Mont.Code Ann. § 40-4-104(1)(a) (LexisNexis 1992).”
Show all 26 citing cases →
— Mont. Code Ann. § 40-4-104(1) — 8 cases
In Re the Marriage of Skinner, 783 P.2d 1350 (Mont. 1989). “Section 40-4-104, MCA, provides: “(1) The district court shall enter a decree of dissolution of marriage if: “(d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child entitled to support,…”
In Re the Marriage of Allen, 771 P.2d 578 (Mont. 1989).
In Re the Marriage of Vanlaarhoven, 2002 MT 222 (Mont. 2002).
In re Marriage of Hardman & Moore, 443 P.3d 1108 (Mont. 2019).
In Re the Marriage of Kraut, 696 P.2d 981 (Mont. 1985).
— Mont. Code Ann. § 40-4-104(1)(a) — 3 cases
Erwin v. State, Dept. of Fam. Servs., 2010 WY 117 (Wyo. 2010). “" Mont.Code Ann. § 40-4-104(1)(a) (LexisNexis 1992).”
Buck v. Buck, 2014 MT 344 (Mont. 2014).
Smith v. Barger, 2012 MT 225N (Mont. 2012).
— Mont. Code Ann. § 40-4-104(1)(b) — 3 cases
In re the Marriage of Geror, 2000 MT 60 (Mont. 2000). “Once the court finds that the marriage is irretrievably broken and satisfies the other requirements of § 40-4-104, MCA, the court shall enter a decree of dissolution.”
Marriage Ofgeror, 2000 MT 60 (Mont. 2000).
Smith v. Barger, 2012 MT 225N (Mont. 2012).
— Mont. Code Ann. § 40-4-104(1)(b)(i) — 2 cases
In re the Marriage of Geror, 2000 MT 60 (Mont. 2000). “Once the court finds that the marriage is irretrievably broken and satisfies the other requirements of § 40-4-104, MCA, the court shall enter a decree of dissolution.”
Marriage Ofgeror, 2000 MT 60 (Mont. 2000).
— Mont. Code Ann. § 40-4-104(2) — 1 case
Marriage of Markovich, 2000 MT 344N (Mont. 2000).
— Mont. Code Ann. § 40-4-104(a) — 1 case
In Re the Marriage of Cox, 736 P.2d 97 (Mont. 1987). “Wife moved to vacate the Montana District Court’s findings, conclusions, and decree, essentially challenging jurisdiction of the District Court under Sections 40-4-104 and 40-4-211, MCA, and requesting a child custody modification.”
— Mont. Code Ann. § 40-4-104(l)(a) — 5 cases
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). “Commissioners’ Note for § 40-4-104 specifically states that: If the court lacks jurisdiction to act upon .”
In Re the Marriage of Miller, 858 P.2d 338 (Mont. 1993). “We hold that the District Court did not commit jurisdictional errors in dissolving the marriage and that the findings required by § 40-4-104, MCA, are supported by substantial evidence and are not clearly erroneous.”
In Re the Marriage of Vanlaarhoven, 2002 MT 222 (Mont. 2002).
Buck v. Buck, 2014 MT 344 (Mont. 2014).
In Re the Marriage of Kraut, 696 P.2d 981 (Mont. 1985).
— Mont. Code Ann. § 40-4-104(l)(b)(i) — 1 case
In Re the Marriage of Miller, 858 P.2d 338 (Mont. 1993). “We hold that the District Court did not commit jurisdictional errors in dissolving the marriage and that the findings required by § 40-4-104, MCA, are supported by substantial evidence and are not clearly erroneous.”
— Mont. Code Ann. § 40-4-104(l)(d) — 3 cases
In Re the Marriage of Geertz, 755 P.2d 34 (Mont. 1988). “Donna contends that Section 40-4-104(l)(d), MCA, prohibits bifurcation of the proceeding in the instant case.”
In Re the Marriage of Ensign, 739 P.2d 479 (Mont. 1987). “Under Section 40-4-104, MCA, a district court is required to enter a decree of dissolution if: “(a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and…”
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). “Commissioners’ Note for § 40-4-104 specifically states that: If the court lacks jurisdiction to act upon .”
— Mont. Code Ann. § 40-4-104(lXa) — 1 case
Buck v. Buck, 2014 MT 344 (Mont. 2014).
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