40-4-105. Procedure -- commencement -- pleadings -- abolition of existing defenses. (1) The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth:
     (a) the age, occupation, and residence of each party and his length of residence in this state;
     (b) the date of the marriage and the place at which it was registered;
     (c) that the jurisdictional requirements of 40-4-104 exist and that the marriage is irretrievably broken in that either:
     (i) the parties have lived separate and apart for a period of more than 180 days next preceding the commencement of this proceeding; or
     (ii) there is serious marital discord which adversely affects the attitude of one or both of the parties towards the marriage, and there is no reasonable prospect of reconciliation;
     (d) the names, ages, and addresses of all living children of the marriage and whether the wife is pregnant;
     (e) any arrangements as to support, custody, and visitation of the children and maintenance of a spouse; and
     (f) the relief sought.
     (2) Either or both parties to the marriage may initiate the proceeding.
     (3) If a proceeding is commenced by one of the parties, the other party must be served in the manner provided by the Montana Rules of Civil Procedure and may within 20 days after the date of service file a verified response. No decree may be entered until 20 days after the date of service.
     (4) Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
     (5) The court may join additional parties proper for the exercise of its authority to implement this chapter.

     History: En. 48-317 by Sec. 17, Ch. 536, L. 1975; amd. Sec. 10, Ch. 33, L. 1977; R.C.M. 1947, 48-317.