Montana State Laws

Montana Law

Montana is considered one of the largest states in the nation, although it is rather small in population ranking at forty-fourth in the country. The state itself is broken into different terrains with seventy-seven mountains from the Rocky Mountain range within the state’s borders. These structures in fact gave Montana its name, which comes from Spanish origins, meaning mountain.

Because of the vast space of the state and the small population, Montana’s economy thrives from lumbering, oil mining, coal mining, wheat farming, ranching, touring, and rock mining. Different forms of these range from east to west. State laws have been created to handle this large area. Many of these include labor laws, divorce laws, bankruptcy laws, gun laws, drunken driving laws, expungement laws, felony conviction laws, and many others.

Bankruptcy

The bankruptcy system in Montana is governed by the federal bankruptcy system. This system itself was altered in the past few years to decrease bankruptcy abuse and increase the rules for eligibility. In previous years bankruptcy could be filed through do-it-yourself programs. Now because the paperwork required has tripled, it is advised to consult a professional attorney. This can be done online or in person.

Consulting an attorney can also eliminate error. If a bankruptcy application is incorrectly filed or a portion is missing, the petition will be dismissed. Upon filing an application will be measured against the income and expenses of all other citizens in the state of Montana. If an individual qualifies, he or she will be granted either Chapter Seven bankruptcy or Chapter Thirteen bankruptcy. Both forms of bankruptcy are for personal debt but differ based on the amount of debt.

Divorce

Divorce laws in Montana are based on residency. Each county handles its citizens’ divorce cases, so filing with the correct county is important. A petition will be dismissed if filed to the incorrect county. Montana requires that an individual be a Montana resident for at least ninety days before he or she files for divorce.

A divorce petition may be submitted by either spouse and in either’s county of residency. Individuals residing within Montana’s state borders for reasons of military assignment are also considered state residents after ninety days.

Drunk Driving

Each state has a blood alcohol content limit of 0.08 percent, as set by the federal government. However Montana also has other limits for specialized cases. A minor will be arrested for having a blood alcohol content above 0.02 percent. A commercial driver will also be arrested for having a blood alcohol content that exceeds 0.04 percent. In Montana driving under the influence charges not only include the influence of alcohol but also the influence of drugs or alcohol and drugs combined.

Wage

The federal minimum wage increased in 2009 to seven dollars and twenty-five cents. This increase required each state to meet or exceed this minimum requirement. The state of Montana currently has a minimum wages that is the same as the federal requirement. Under minimum wage laws employees must be paid this minimum amount per hour. Wages may not decrease but may increase with the increase in food cost and energy costs.

Montana Law Articles