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. § 40-4-254 (2026)

Execution And Service Of Final Declaration Of Disclosure And Current Income And Expense Declaration

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-254 Execution and service of final declaration of disclosure and current income and expense declaration

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

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

Execution And Service Of Final Declaration Of Disclosure And Current Income And Expense Declaration

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration. Absent good cause, the court may not enter a judgment with respect to the parties' property rights unless each party has executed and served a copy of the final declaration of disclosure and current income and expense declaration. Each party shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure and current income and expense declaration was made on the other party.

History: En. Sec. 4, Ch. 326, L. 1997.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2012–2025 · leading case: In Re the Marriage of Caras, 2012 MT 25 (Mont. 2012).
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In Re the Marriage of Caras, 2012 MT 25 (Mont. 2012). · cites it 7× “Did the District Court err in identifying and valuing marital assets? ¶20 Laurie argues that the District Court abused its discretion by allowing Bill to present his case without first filing a final disclosure prior to trial, as required by §40-4-254, MCA. 3 Laurie also argues…”
Marriage of Mahlum & Elder, 2020 MT 91 (Mont. 2020). · cites it 2× “157, 160 , 1 See also § 40-4-254, MCA (“court may not enter a judgment .”
In Re the Marriage of Anderson, 2013 MT 238 (Mont. 2013). · cites it 11× “Viola sought relief from judgment, on the grounds that the property settlement agreement was unconscionable and failed to include a disclosure of assets, as required by § 40-4-254, MCA. The District Court for the Eighth Judicial District, Cascade County (Sandefur, J.”
Marriage of Tanascu, 2014 MT 293 (Mont. 2014). · cites it 2× “” ¶6 The District Court entered the decree of dissolution on March 8, 2013, finding that the parties had represented that they had disclosed all assets, liabilities, incomes and expenses, and that pursuant to § 40-4-254, MCA, there was good cause to waive the exchange of final…”
Marriage of: Kelly & Camp, 2025 MT 263 (Mont. 2025). · cites it 7× “Neither party asserted the District Court erred by entering the Final Decree without requiring the parties to exchange final disclosure statements as required by § 40-4-254, MCA, or challenged the decree on that basis.”
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…”
Marriage of Johnson, 2012 MT 140N (Mont. 2012). · cites it 2× “Therefore, as a matter of law, the underlying property rights judgment was void ab initio in contravention of § 40-4-254, MCA.” The court further concluded that David “knowingly failed to disclose material items of property and assets” and made affirmative misrepresentations to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.