40-4-104. Dissolution of marriage -- legal separation. (1) The district court shall enter a decree of dissolution of marriage if:
     (a) the court finds that one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days next preceding the making of the findings;
     (b) the court finds that the marriage is irretrievably broken, which findings shall be supported by evidence:
     (i) that the parties have lived separate and apart for a period of more than 180 days next preceding the commencement of this proceeding; or
     (ii) that there is serious marital discord which adversely affects the attitude of one or both of the parties towards the marriage;
     (c) the court finds that the conciliation provisions of the Montana Conciliation Law and of 40-4-107 either do not apply or have been met; and
     (d) to the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child entitled to support, the maintenance of either spouse, and the disposition of property.
     (2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.

     History: En. 48-316 by Sec. 16, Ch. 536, L. 1975; R.C.M. 1947, 48-316; amd. Sec. 1, Ch. 392, L. 1985.