Montana SB 29: consider marital misconduct in divorces


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2003 Montana Legislature
SENATE BILL NO. 29
INTRODUCED BY J. O'NEIL

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A COURT TO CONSIDER MARITAL MISCONDUCT WHEN DIVIDING PROPERTY IN A PROCEEDING FOR DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION AND WHEN DETERMINING A PARENTING PLAN FOR A CHILD; AND AMENDING SECTIONS 40-4-202 AND 40-4-212, MCA."

Section 1.  Section 40-4-202, MCA, on property division in a divorce, is amended to delete "without regard to marital misconduct".

Section 2.  Section 40-4-212, MCA, a non-exclusive list of "relevant parenting factors" that courts shall consider in deciding the best interests of a child for parenting plan (custody) purposes, is amended to add "(n) whether a parent engaged in marital misconduct and whether the misconduct contributed to a breakup of the child's home, which is considered to be not in the child's best interests."

Full text is at http://data.opi.state.mt.us/bills/2003/billhtml/SB0029.htm

Status: "Current Bill Progress: Probably Dead .... Indefinitely Postponed in Committee 01/14/2003" according to the legislature's online status report at http://laws.leg.state.mt.us/pls/laws03/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=&P_BILL_NO=&P_BILL_DFT_NO=LC0373&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=


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