Montana Legal Guides
25 guides covering Montana topics, each with Caselaw search beside the article.
Where to search Montana lawFree caselaw search for Montana — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in Montana
Montana adverse possession: 5 years under Mont. Code Ann. § 70-19-411. Elements, taxes, color of title, and linked Montana opinions.
- Can I Get Sued After a Car Accident in Montana? Does Fault Matter?
Montana car accident lawsuits and fault: modified comparative fault with a 51% bar (recovery barred if you are more than 50% at fault) under Mont. Code Ann. § 27-1-702, when you can sue or be sued, insurance rules, and the statute of limitations (3 years — Mont. Code Ann. § 27-2-204).
- Castle Doctrine in Montana: Deadly Force Against Intruders
Montana castle doctrine: when occupants may use deadly force against home intruders, key statutes (Mont. Code Ann. § 45-3-103), presumptions, and leading cases.
- Child Custody and Parenting Time in Montana
How Montana courts decide custody and parenting time under Mont. Code Ann. §§ 40-4-212 to 40-4-219, including best-interests factors, relocation, and modification.
- DUI Penalties in Montana
Montana DUI penalties under Mont. Code Ann. § 61-8-1002: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in Montana? Bail and Pretrial Release Explained
Montana bail and bond explained: cash, surety, and ROR. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked Montana opinions under Mont. Code Ann. §§ 46-9-101 to 46-9-111.
- How Does Eviction Work in Montana?
Montana eviction / unlawful detainer under Mont. Code Ann. §§ 70-27-101 to 70-27-211: notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In Montana?
In order to be valid, a will in Montana (other than a holographic will) must be: In writing; Signed by the testator; Signed and witnessed by two witnesses. The requirements to make a valid will under Montana law are found in Mont. Co…
- How Montana Courts Treat Expungement
Montana expungement begins with Mont. Code Ann. § 46-23-510, expungement of records on reversal of conviction. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- How to Enforce a Contract to Make Will in Montana
Contracts to make a will are enforceable in Montana. A new decision from the Montana Supreme Court holds that a lawsuit to enforce a contract to make a will must be brought in the court of general jurisdiction, not in the probate court. Wha…
- How to File a Lawsuit Without a Lawyer in Montana: Pro Se Litigation Guide
A practical Montana guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint; how service and Montana File & Serve / Odyssey (where enabled) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in Montana
Montana divorce filing guide: At least one party must have been a Montana resident for 90 days before filing. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in Montana
Paths to shorten or correct a Montana prison sentence under Mont. R. Crim. P. 23: modification motions, good-time credits, parole, and post-conviction relief — with linked Montana opinions.
- How to Modify Child Support in Montana
Step-by-step guide to modifying a Montana child support order under Mont. Code § 40-4-208: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- How to Modify Maintenance in Montana
Step-by-step guide to modifying maintenance in Montana under Mont. Code § 40-4-208(2)(b): changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- Is Abortion Legal in Montana?
Montana abortion law after Dobbs: protected access. Legal until fetal viability under state constitutional privacy doctrine. Linked statutes and Montana opinions.
- Montana Child Support Guidelines: How Support Is Calculated
How Montana calculates child support under Mont. Code Ann. § 40-4-204; Montana Child Support Guidelines, including the melson formula, deviations, modification, and leading cases.
- Montana Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to Montana evidence law under the Montana Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- Montana Maintenance: Eligibility, Amount, and Duration
How Montana courts award maintenance under Mont. Code Ann. § 40-4-203: eligibility, statutory factors, duration, and leading cases.
- Montana Supreme Court: Alleged Fraud Did Not Toll Probate Time Limitations To Challenge Will
In the June 2020 case of Estate of Swanberg , the Montana Supreme Court upheld the denial of a petition to reopen a probate estate based on alleged fraud. The Montana Supreme Court held that the allegations of fraud did not operate to toll …
- Security Deposit Return in Montana
How Montana landlords must handle residential security deposits under Mont. Code Ann. §§ 70-25-201 to 70-25-206: limits, return deadlines, and wrongful-withholding remedies.
- Stand Your Ground Laws in Montana
Montana stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Montana
A surviving spouse in Montana has important rights and benefits, including: Homestead Allowance Exempt Property Spousal Allowance Elective Share Rights Surviving Spouse Rights If There Is No Valid Will - Intestate Estate If a decedent dies …
- What Happens If I Refuse a Breathalyzer Test in Montana?
Montana implied-consent consequences for refusing a chemical breath or blood test under Mont. Code Ann. § 61-8-402, including license suspension and evidence use.
- Who Are Next Of Kin In Montana?
The term “next of kin” is used synonymously with heirs, which is defined in Montana probate law to mean “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a…