The documents to collect for a Montana divorce are the ones that show what you and your spouse earn, own, and owe: tax returns, pay records, account and retirement statements, deeds and titles, loan and credit card statements, and insurance policies. Montana law does not hand you a list of papers. It requires each spouse to disclose every asset and debt in sworn declarations, and these records are how you do that accurately. This checklist is part of our Montana Divorce Guide.
What the Disclosure Statutes Require
Two declarations are required in a dissolution, both signed under penalty of perjury.
- Preliminary declaration of disclosure. Due within 60 days of service of the petition. It must identify all assets in which you have or may have an interest and all liabilities for which you are or may be liable, "regardless of the characterization" of the asset or liability, and your percentage of ownership when property is not solely owned by one or both spouses (MCA § 40-4-252(1) and (3)). A completed income and expense declaration goes with it (MCA § 40-4-252(5)).
- Final declaration of disclosure. Due before or when you sign an agreement resolving property or support, or no later than 45 days before the first assigned trial date. It must include all material facts about the characterization and valuation of assets, the amounts of obligations, and each spouse's expenses and earnings (MCA § 40-4-253(1) and (2)).
The definitions are broad. An "asset" includes any real or personal property "however and whenever acquired," tangible or intangible, existing or contingent, in either name or both (MCA § 40-4-251(1)). That means you list property you consider separate, such as a premarital account or an inheritance. You may state your characterization of it, but you do not leave it off. See financial disclosure in a Montana divorce for the full process.
The Checklist
The table below is a practical list, not a statutory one. The right-hand column shows how each group of records connects to the declarations.
| Category | What to collect | Why |
|---|---|---|
| Income | Federal and state tax returns with W-2s and 1099s, recent pay records, records of self-employment or business income, benefit award letters | Supports the income and expense declaration |
| Bank and investment accounts | Statements for checking, savings, brokerage, and similar accounts, whoever is named on them | Identifies assets and shows balances |
| Retirement | Statements for 401(k), IRA, and pension plans, and the plan's summary description if you have it | Identifies and values retirement assets |
| Real estate | Deeds, mortgage and home equity statements, property tax statements, any appraisal | Identifies real property and the debt against it |
| Vehicles and other property | Titles, registrations, loan statements, and a list of valuable personal property | Identifies personal property and liens |
| Debts | Credit card statements, student loan and personal loan statements, medical bills, tax notices | Identifies liabilities and who is obligated |
| Insurance | Life, health, auto, and homeowner's or renter's policies, with beneficiary designations | Shows coverage that must stay in place during the case |
| Business interests | Tax returns, financial statements, and ownership documents for any business either spouse owns | Identifies the interest and the percentage owned |
| Agreements and prior orders | Any premarital agreement, prior decree, or support order | Affects how property and support are handled |
| Monthly expenses | A few months of household bills and a list of regular expenses, including child care | Supports the income and expense declaration |
Records About Your Children
If you have minor children, gather what describes their daily lives: school calendars, activity schedules, child care costs, and health insurance information. A parent who is a party to a parenting plan may not be denied access to records about the child, including medical, dental, law enforcement, and school records (MCA § 40-4-225). Income records are also the starting point for how child support is calculated.
Gather Records Lawfully
Collect what is yours or jointly held, and what you have a right to request. Stop there.
- Once a case is filed, the automatic economic restraining order restrains each spouse from opening, diverting, or withholding mail, email, or other electronic communications addressed to the other spouse. Mail addressed to both of you is excepted (MCA § 40-4-126(1)).
- Using or changing another person's computer credentials without permission, or accessing a computer or network without the owner's consent, can be the offense of unlawful use of a computer (MCA § 45-6-311(1)).
- Do not take originals that belong to your spouse. Copy joint records and leave them where they are.
If you cannot get a record lawfully, note that it exists. Your spouse has to disclose it, and there are formal tools for obtaining it. Our page on social media and texting during divorce covers the digital side of this rule.
Do Not Alter or Destroy Anything
The same restraining order bars intentionally or knowingly damaging or destroying the property of either spouse, "specifically including but not limited to any electronically stored materials, electronic communications, or financial records," without objectively reasonable justification, a court order, or the other spouse's written consent (MCA § 40-4-126(1)). Keep statements, emails, and files as they are, including ones you think are unhelpful.
If a Disclosure Is Incomplete
The statutes give the complying spouse several remedies. That spouse may request the missing declaration or more detail, and if the request is not met, may move to compel a further response or ask the court to bar the noncomplying spouse from presenting evidence on the issues the declaration should have covered (MCA § 40-4-255(1) and (2)). The court must also order the noncomplying spouse to pay reasonable attorney fees or costs unless there was substantial justification (MCA § 40-4-255(3)).
Absent good cause, the court may not enter a judgment on the spouses' property rights unless each has executed and served a final declaration and a current income and expense declaration (MCA § 40-4-254). If you suspect something is being concealed, see hidden assets and dissipation.
How to Organize What You Collect
Sort records by the categories in the table, most recent first. Make a one-page list of every account, property, and debt you know of, with the institution and the name or names on it. Keep copies somewhere your spouse's access does not create a safety concern for you. An organized set of records shortens every later step, which is one of the few direct ways to affect what a divorce costs. It also helps you get more from a first meeting. See what to bring to a divorce consultation.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.