Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 2. Support, Custody, Visitation, and Related Provisions
Montana Code Annotated

Mont. Code Ann. § 40-4-252 (2026)

Preliminary Declaration Of Disclosure -- Penalty

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-252 Preliminary declaration of disclosure -- penalty

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2. Support, Custody, Visitation, and Related Provisions

Preliminary Declaration Of Disclosure -- Penalty

40-4-252. Preliminary declaration of disclosure -- penalty. (1) Within 60 days of service of a petition for dissolution or nullity of marriage or for legal separation of the parties, each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury. The parties may, by written stipulation or by oral stipulation made in open court, agree to waive the exchange of or change the time for exchange of preliminary declarations of disclosure.

(2) The preliminary declaration of disclosure may not be filed with the court, except on the court's order.

(3) The preliminary declaration of disclosure must set forth with sufficient particularity, which a person of reasonable and ordinary intelligence can ascertain, all of the following:

(a) the identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of an asset or liability; and

(b) the declarant's percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant's characterization of each asset or liability.

(4) A declarant may amend the declarant's preliminary declaration of disclosure without permission of the court.

(5) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.

(6) In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers that a party has committed perjury in the preliminary declaration of disclosure.

History: En. Sec. 2, Ch. 326, L. 1997; amd. Sec. 6, Ch. 545, L. 1999.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2002–2025 · leading case: Volk v. Goeser, 2016 MT 61 (Mont. 2016).
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Volk v. Goeser, 2016 MT 61 (Mont. 2016). · cites it 4× “Here, there were no disputed facts and the law—specifically § 40-4-252(4), MCA, and Briese, ¶ 39—allowed the trial court discretion in fashioning an appropriate remedy.”
In Re the Marriage of Steinbeisser, 2002 MT 309 (Mont. 2002). · cites it 2× “The record shows that Jim executed a preliminary declaration of disclosure, pursuant to § 40-4-252, MCA, and served Jackie with the same.”
In Re The Marriage of: Boeshans, 2025 MT 187 (Mont. 2025). · cites it 2× “Joseph also did not disclose that he accumulated $46,000 in post-separation credit card debt until court-ordered 8 See also § 40-4-252, MCA (governing preliminary disclosures).”
Marriage of Tripp, 2015 MT 89N (Mont. 2015). · cites it 4× “Megen did not make her preliminary disclosures within the 60-day period required by § 40-4-252, MCA. The parties briefly reconciled in July 2012 and held the dissolution proceedings in abeyance.”
D. McDonald v. S. McDonald, 2022 MT 247N (Mont. 2022). · cites it 2× “See § 40-4-252, MCA (preliminary declarations of disclosure must include the identity of all assets, “regardless of the characterization of an asset,” in which the declarant has or may have an interest).”
Marriage of Fuller, 2021 MT 175 (Mont. 2021). · cites it 2× “See also § 40-4-253(1)(a), MCA (requiring disclosure of assets only to the other party, not to the court); § 40-4-252(2), MCA (preliminary disclosures “may not be filed with the court, except on the court’s order”); § 40-4-254, MCA (requiring filing of the certificate of service…”
Access to Just. Comm'n (Mont. 2021). “Parties seeking a dissolution proceeding under informal domestic relations trials are subject to the mandatoiy disclosure requirements of MCA § 40-4-252. (11) The court's final judgment will have the same force and effect as if entered after a traditional trial and may be…”
Mont. Code Ann. § 40-4-252(2): 1 case
Marriage of Fuller, 2021 MT 175 (Mont. 2021). “See also § 40-4-253(1)(a), MCA (requiring disclosure of assets only to the other party, not to the court); § 40-4-252(2), MCA (preliminary disclosures “may not be filed with the court, except on the court’s order”); § 40-4-254, MCA (requiring filing of the certificate of service…”
Mont. Code Ann. § 40-4-252(4): 1 case
Volk v. Goeser, 2016 MT 61 (Mont. 2016). “Here, there were no disputed facts and the law—specifically § 40-4-252(4), MCA, and Briese, ¶ 39—allowed the trial court discretion in fashioning an appropriate remedy.”
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