Generally, no: one lawyer cannot represent both spouses in a Montana divorce. The conflict of interest rule that governs Montana lawyers stands in the way, even when the two of you agree on everything. What you can do is work with a neutral who represents neither of you, or have one spouse hire a lawyer while the other does not. This page explains the rule, the options, and the questions to ask. It is part of our Montana Divorce Guide.
What Rule 1.7 Says
Rule 1.7 of the Montana Rules of Professional Conduct says a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict exists if:
- "the representation of one client will be directly adverse to another client"; or
- "there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client" (Rule 1.7(a)).
The rule has an exception. A lawyer may go ahead despite a conflict if four conditions are all met: the lawyer reasonably believes they can provide competent and diligent representation to each affected client; the representation is not prohibited by law; it "does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal"; and each affected client gives informed consent, confirmed in writing (Rule 1.7(b)).
Why a Divorce Runs Into That Rule
A dissolution is a court proceeding between two people. The court must apportion property between them (MCA § 40-4-202(1)), decide whether one pays maintenance to the other (MCA § 40-4-203), and, if there are children, approve a parenting plan and order child support. Every dollar of property or support that goes to one spouse comes from the other. In the vocabulary of the rule, their interests are adverse, and the case is a proceeding before a tribunal.
That is why the third condition matters. Where one client is asserting a claim against another in the same proceeding, the spouses' consent does not fix the conflict. Applying the rule to a particular arrangement is a judgment each lawyer has to make, but this is the reason a lawyer in a dissolution acts for one spouse, not both.
The rule protects you. A lawyer advising both of you could not tell one spouse that the proposed maintenance is low without harming the other, and could not keep one spouse's confidence from the other.
When Only One Spouse Has a Lawyer
Nothing requires both spouses to hire lawyers. One spouse may hire a lawyer who drafts the petition and the proposed agreement, and the other spouse may review and sign without one. This is permitted. It is also an arrangement that is easy to mistake for a shared lawyer.
Rule 4.3 addresses it. In dealing with an unrepresented person on behalf of a client, a lawyer "shall not state or imply that the lawyer is disinterested." If the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role, the lawyer must make reasonable efforts to correct the misunderstanding. And the lawyer "shall not give legal advice to an unrepresented person, other than the advice to secure counsel," if that person's interests are or have a reasonable possibility of being in conflict with the client's.
So if your spouse's lawyer sends you documents, that lawyer is not your adviser and may not give you legal advice about them, other than to get a lawyer of your own. You may hire a lawyer just to review them. Montana's rules allow that kind of limited scope representation.
A Neutral Is Not Either Spouse's Lawyer
The rules treat a neutral as a different role altogether. Rule 2.3 says a lawyer serves as a third-party neutral "when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them." Service as a neutral may include acting as an arbitrator, settlement master, or mediator, "or in such other capacity as will enable the lawyer to assist the parties to resolve the matter."
A lawyer in that role "shall inform all parties that the lawyer is not representing them" and "shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client" (Rule 2.3(b)).
| Role | Who they represent | What that means |
|---|---|---|
| A lawyer representing one spouse | That spouse only | Advises and advocates for one client. May not give the other spouse legal advice, other than to get a lawyer, where interests may conflict (Rule 4.3) |
| A lawyer representing both spouses | Both, as clients | Generally not available in a dissolution because of the concurrent conflict rule (Rule 1.7) |
| A mediator | Neither | An impartial third person who helps the spouses reach their own agreement and cannot decide anything (MCA § 26-1-813(1)) |
| A lawyer serving as a third-party neutral | Neither | Assists persons who are not the lawyer's clients to resolve a matter, and must tell them the lawyer is not representing them (Rule 2.3) |
The trade is straightforward. A neutral can work with both of you in the same room, which a lawyer for one spouse cannot do as your shared adviser. In exchange, a neutral is not your advocate. Our guide to mediator vs. lawyer vs. neutral compares the roles further.
How A&M Law's Cooperative Process Is Set Up
A&M Law offers a process it calls Cooperative Family Law. As the firm describes it, the firm serves as a neutral for both spouses, who meet with the firm together. The firm represents the process rather than either spouse. It does not take a side or give one-on-one advice, its guidance about the law is given to both spouses jointly, and it prepares the agreement and the court filing once the spouses reach terms.
That is not shared representation. Neither spouse is the firm's individual client in the process, and each spouse remains free to consult their own lawyer at any point. Our page on the cooperative divorce process describes the steps. The firm also represents individual clients in traditional divorce cases, in which it acts for one spouse only.
Questions to Ask Before You Share a Professional
- Who is your client? The answer should be one of you, or neither of you. It should not be vague.
- Will you meet with us separately or only together?
- If I tell you something privately, will you share it with my spouse?
- Can I have my own lawyer review the agreement before I sign? The mediation statute expects this: a mediated agreement must be discussed by the parties with their attorneys, if any, before it is finalized (MCA § 40-4-305).
- What happens if we stop agreeing? A lawyer who has served as a mediator or other third-party neutral in a matter may not later represent anyone in connection with it unless all parties give informed consent, confirmed in writing (Rule 1.12(a)).
A shared process is only appropriate where both spouses can speak freely. If there has been abuse or coercion, read when agreement is not safe or possible. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the Montana Rules of Professional Conduct as published by the State Law Library of Montana. It is not legal advice about your specific case.