Family Law

How to Prepare for Your Montana Divorce: A Checklist

Getting organized before you begin can make a Montana divorce faster, calmer, and less expensive. Here's a practical checklist to prepare with confidence.

Written & reviewed by

Misty Gaubatz & Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawLast reviewed: July 15, 2026

A divorce feels overwhelming, but a lot of the stress comes from disorganization and uncertainty rather than the legal process itself. The more prepared you are before you begin, the smoother, faster, and cheaper it tends to go. Here is a practical checklist to help you walk in ready, whatever path you choose.

Gather Your Financial Documents

Montana divides marital property and debts, so a clear financial picture is essential. Start pulling together the paperwork now, while you have access to it:

Recent tax returns and pay stubs.
Bank and retirement account statements.
Documents for the home and any real estate.
Debts: mortgages, loans, and credit card balances.
Titles and records for vehicles and valuable property.

Understand Your Assets and Debts

You don't need to be a financial expert, but you should know what you own and what you owe together. Fair division starts with an honest inventory. Our property division page explains how Montana approaches this, and spousal support may be part of the picture too.

Think Through Parenting

If you have children, their stability comes first. Before conflict escalates, think about a realistic parenting schedule, how you'll handle holidays and school, and how you'll make decisions together going forward. Approaching this calmly, rather than as a fight to “win,” protects your kids and usually leads to a better plan. See our child custody resources for more.

Take Care of Yourself

Divorce is emotional as well as legal. Lean on a support system, keep communication with your spouse businesslike where you can, and try not to make big irreversible decisions in the heat of the moment. A steadier you makes clearer choices.

Choose the Right Process

Not every divorce has to be a battle. Many Montana couples don't need dueling lawyers at all. Our Cooperative Family Law approach lets both spouses work through everything together, with A&M serving as a neutral for both of you, and it often resolves matters in weeks rather than months. If you and your spouse can work together in good faith, it's worth exploring before you assume the worst. Our family law team is happy to help you find the right fit at a free consultation.

Cooperative Family Law Divorce Attorney Property Division

FAQ

Frequently Asked Questions

What's the first thing I should do to prepare for a Montana divorce?

Start gathering your financial documents (tax returns, account statements, and records for property and debts) and think through what you want for your children if you have them. Being organized early makes the entire process faster and less expensive.

Can I get divorced in Montana without a courtroom fight?

Often, yes. Many couples resolve their divorce out of court. Our Cooperative Family Law approach has both spouses work through the divorce together, with A&M serving as a neutral for both of you, which is typically faster, calmer, and more affordable than litigation.

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