MT Bar Family Law 1 — Questions and Answers
Question 1: Under Montana law, which of the following is required for a valid marriage?
- Cohabitation for at least six months prior to the ceremony
- A marriage license and solemnization by an authorized officiant (Correct answer)
- Parental consent for all parties regardless of age
- Publication of banns in a local newspaper
Correct answer: A marriage license and solemnization by an authorized officiant
Montana law requires both a valid marriage license and solemnization by an authorized person such as a judge, clergy member, or other official.
Question 2: Montana follows which property distribution system in divorce proceedings?
- Community property, dividing all marital assets equally
- Equitable distribution, dividing marital property fairly but not necessarily equally (Correct answer)
- Title theory, awarding property to whomever holds legal title
- Contribution theory, awarding property based solely on financial contributions
Correct answer: Equitable distribution, dividing marital property fairly but not necessarily equally
Montana applies equitable distribution under the Uniform Marriage and Divorce Act, dividing marital property in a manner the court deems just, which need not be an equal 50/50 split.
Question 3: In Montana, when determining child custody arrangements, the court's primary standard is:
- The preference of the parent with higher income
- The best interests of the child (Correct answer)
- Equal parenting time regardless of circumstances
- The child's stated preference in all cases
Correct answer: The best interests of the child
Montana courts apply the 'best interests of the child' standard when making all child custody and parenting plan determinations.
Question 4: Under Montana law, 'marital property' subject to division in a divorce generally includes:
- Only property purchased with joint funds during the marriage
- All property acquired by either spouse during the marriage regardless of source
- Only property titled jointly in both spouses' names
- Property acquired during marriage but excluding gifts and inheritances received by one spouse (Correct answer)
Correct answer: Property acquired during marriage but excluding gifts and inheritances received by one spouse
Montana follows the majority approach treating property acquired during the marriage as marital property, but gifts and inheritances received by one spouse during the marriage are generally treated as separate property.
Question 5: A Montana court may grant a dissolution of marriage (divorce) on which ground?
- Adultery proven by clear and convincing evidence
- Cruelty lasting at least one year
- Irretrievable breakdown of the marriage (Correct answer)
- Desertion for a minimum of two years
Correct answer: Irretrievable breakdown of the marriage
Montana adopted no-fault divorce; the sole ground for dissolution is that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation.
Question 6: Under Montana's Uniform Parentage Act, a presumption of paternity arises when:
- The child is born within five years of the parents' last cohabitation
- A man is married to the child's mother at the time of birth or within 300 days before birth (Correct answer)
- A man provides financial support for the child for at least one year
- The mother names a man on the birth certificate without his consent
Correct answer: A man is married to the child's mother at the time of birth or within 300 days before birth
Under Montana's Uniform Parentage Act, a man is presumed to be the father if he was married to the mother when the child was born or if the child was born within 300 days after the marriage ended.
Question 7: In Montana, spousal maintenance (alimony) may be awarded when:
- The marriage lasted more than ten years, as a matter of right
- The spouse seeking maintenance lacks sufficient property to provide for reasonable needs and cannot support themselves through employment (Correct answer)
- Either spouse requests it regardless of financial circumstances
- The court finds fault by the paying spouse
Correct answer: The spouse seeking maintenance lacks sufficient property to provide for reasonable needs and cannot support themselves through employment
Montana courts may award maintenance when the requesting spouse lacks sufficient property after division and cannot meet their reasonable needs through appropriate employment.
MT Bar Family Law 1
Under Montana law, which of the following is required for a valid marriage?