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.


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 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.


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


Montana Lemon Laws

Lemon Law in Montana The state of Montana combines both state laws and federal laws in regards to lemon guidelines. Lemon laws in this state are designed to help consumers…

Montana Expungement

Expungement in Montana Expungement, as defined by the United States, is the legal destruction of criminal records and arresting files. After a record has been expunged, it cannot be accessed…

Montana Marijuana Laws

Montana Laws about Marijuana The state of Montana currently has legalized marijuana for medical purposes. The law, however, does restrict the number of plants an individual may possess at one…

Montana Labor Laws

Montana Labor Law Breaks Regarding rest periods for all workers, Montana abides by federal law by default. Only if it lasts less than 20 minutes must a meal break be…

Montana DUI Laws

Montana DUI laws state that any individual who drives in the state of Montana gives implied consent to chemical testing when requested. Chemical tests include breath tests, blood tests, and…

Montana Bankruptcy Laws

Montana Bankruptcy Stipulations Bankruptcy laws changes in 2005 and created higher stipulations for filing for bankruptcy. The 2005 Bankruptcy Act has made filing for bankruptcy more complicated and more time…

Montana Divorce Laws

Divorce Laws in Montana Where divorces in the United States are handled depends on where the individuals have residency. Each state has different residency requirements for filing for divorce. Montana…

Montana Gun Laws

Guns Laws in Montana Although the state of Montana had stricter written laws regarding concealed carry provisions, they are almost like a formality as they do not put complex procedures…

Montana Misdemeanors

What are Misdemeanors in Montana? Felony convictions in the state of Montana are more severe than any other state. The same can be said about Montana misdemeanors. In most states…

Montana Felony

Montana Felonies Unlike other states, Montana does not have classifications for its felony offenses. Instead Montana breaks each felony offense into different statutes for punishments and convictions. The felony of…