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Montana Legal Guides

Understand Montana's specific laws and regulations across six major practice areas. Each guide covers state statutes, court procedures, and key legal differences.

Legal Guides for Montana

Personal Injury

Montana follows a modified comparative negligence system with a 50% bar, barring recovery for plaintiffs whose negligence is equal to or greater than the defendant's. The state has a three-year statut...

Statute of Limitations: 3 years from date of injury
Comparative Negligence: Modified comparative negligence, 50% bar
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Family Law

Montana family law is governed by Montana Code Annotated Title 40 (Family Law), which adopted the Uniform Marriage and Divorce Act. Montana is a purely no-fault divorce state, permitting dissolution o...

Residency Requirement: 90 days in state
No-Fault Ground: Irretrievable breakdown
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Criminal Defense

Montana takes a generally individualized approach to criminal sentencing without a formal sentencing guidelines grid, giving judges broad discretion within statutory ranges. The state uses the term DU...

DUI First Offense: Up to 6 months in jail (24 hours mandatory if BAC ≥0.08%), $300-$1,000 fine
Recreational Marijuana: Legal for adults 21+; up to 1 oz, home cultivation of 2 mature and 2 seedlings
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Estate Planning

Montana does not impose a state estate tax or inheritance tax. The state adopted the Uniform Probate Code, providing efficient probate procedures. Montana is a common law property state with an electi...

State Estate Tax: No state estate tax
Small Estate Threshold: $50,000 for affidavit
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Business Law

Montana stands apart from most states in several significant ways that affect business operations. The state imposes no general sales tax, making it attractive for certain retail and consumer-facing b...

LLC Formation Filing Fee: $70 for Articles of Organization
Corporate Income Tax Rate: 6.75% on net income apportioned to Montana
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Real Estate

Montana real estate law is shaped by the state's vast geography, agricultural heritage, and western water rights doctrine. The state uses trust indentures (similar to deeds of trust) and permits non-j...

Non-Judicial Foreclosure: Small tract financing act for properties under 15 acres; 120-day process
No Transfer Tax: Montana does not impose a real estate transfer tax
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