A first meeting with a divorce lawyer goes better when you arrive with questions written down. The list below is grouped by topic, and each question comes with the reason it is worth asking. Use it with any lawyer you meet, including us. It is part of our Montana Divorce Guide.
Before You Go
You are doing two things in a first meeting: getting an initial read on your situation and deciding whether this is the right person to help. Both go faster if the lawyer has the basic facts. Our article on what to bring to a divorce consultation covers the timeline, financial snapshot, and papers to gather.
You can speak freely. Rule 1.20 of the Montana Rules of Professional Conduct protects what a prospective client tells a lawyer in a consultation, whether or not the lawyer is hired.
You will not get through every question below in one sitting, and you do not need to. Mark the ones that matter most for your situation and ask those first. Write down the answers, or ask whether you may take notes, because details blur quickly after a stressful conversation. If you meet with more than one lawyer, the notes are what let you compare them fairly a week later.
Questions About Process
Start here, because the process shapes everything else: the cost, the tone between you and your spouse, and how much of the outcome you decide for yourselves. A divorce can be settled by agreement at any stage, and a written separation agreement is something Montana law expressly encourages "to promote amicable settlement of disputes" (MCA § 40-4-201(1)).
| Question | Why it matters |
|---|---|
| What are the ways my case could be resolved, and which do you handle? | Negotiation, mediation, a cooperative process, and trial lead to very different experiences. You want to hear all the options that fit your facts. |
| Based on what I have told you, which path would you suggest, and why? | The reasoning shows whether the lawyer listened to your goals. |
| What would make my case harder or easier than it looks? | This draws out the facts that drive the outcome: disclosure, valuation, parenting disputes. |
| What decisions will be mine? | Under Rule 1.2(a) the objectives of the case and whether to settle are the client's decisions. |
Listen for whether the lawyer describes more than one route. Our comparison of a mediator, a lawyer, and a neutral explains who does what in each.
Questions About Staffing and Communication
| Question | Why it matters |
|---|---|
| Who will work on my case day to day? | In some offices a paralegal or another lawyer handles much of the contact. Know who they are. |
| How do I reach you, and how soon should I expect a reply? | Rule 1.4 requires a lawyer to keep you reasonably informed and to comply promptly with reasonable requests for information. Agree on what that looks like. |
| Will I get copies of everything filed and received? | You should be able to follow your own case. |
| What do you need from me, and by when? | Your documents and responses set much of the pace. |
There is no single right answer to these. Some clients want frequent contact and others want to hear only when something happens. The point is to find out the office's practice before you rely on it.
Questions About How Fees Are Structured
Money questions can feel awkward in a first meeting. Ask them anyway. A lawyer expects them, and the ethics rules are built around the client understanding the arrangement from the beginning. You are asking about structure here, not bargaining.
| Question | Why it matters |
|---|---|
| How is the fee calculated: by the hour, a flat fee for defined work, or something else? | Rule 1.5(b) generally requires the basis or rate of the fee to be given to you in writing. |
| If I pay a deposit in advance, where is it held and how is it applied? | Advance fees and expenses belong in a client trust account and may be withdrawn only as earned or incurred (Rule 1.15(c)). |
| How often will I receive a statement, and what will it show? | Regular itemized statements let you see where the time is going. |
| What costs are separate from your fee? | Court filing fees, appraisers, mediators, and other professionals may be billed apart from the lawyer's fee. |
| Can I hire you for part of the case only? | Rule 1.2(c) allows limited scope work with informed consent. |
One fee arrangement is off the table in a divorce. Rule 1.5(d)(1) bars any fee in a domestic relations matter that is contingent on securing a divorce or on the amount of maintenance, support, or property settlement. If one spouse controls most of the money, also ask whether a request for fees from the other spouse makes sense. Montana's statute allows the court to order one, after considering both parties' financial resources (MCA § 40-4-110). See can my spouse pay my attorney fees.
Questions About the Likely Steps
Ask the lawyer to sketch the path your case would take, without asking for promises about how long it will last.
- What happens first if I file, or if I have been served? A response to a petition is due within 21 days after service (MCA § 40-4-105). If you have papers in hand, that clock matters.
- What will I have to disclose, and when? Each spouse serves a sworn preliminary declaration of disclosure within 60 days of service of the petition (MCA § 40-4-252(1)).
- What rules apply to our money while the case is open? An automatic economic restraining order issues with the summons and restrains both spouses from transferring or disposing of marital property, with listed exceptions (MCA § 40-4-126).
- Do we need temporary orders? Either spouse may ask for temporary maintenance, child support, or family support while the case is pending (MCA § 40-4-121(1)).
- What would move this toward settlement? The answer shows how the lawyer thinks about resolving cases rather than prolonging them.
If your case will be heard in Missoula County, ask about the local steps too. The Fourth Judicial District's local rules require two settlement conferences before a civil case may be set for trial, the second one supervised by a settlement master (Local Rule 9(A)). Other districts have their own rules. Our Montana divorce timeline lays out the stages so you can follow the answer.
Questions to Ask Yourself Afterward
When you leave, a few questions are worth answering on your own:
- Did I understand the explanations, or did I nod along?
- Was I asked what I want, and was I heard?
- Did the lawyer tell me anything I did not want to hear? Rule 2.1 calls for a lawyer to "render candid advice." Candor in a first meeting is a good sign.
- Do I understand how I would be charged?
- Could I tell this person the whole truth about my finances and my family?
If the answers are mostly yes, you have likely found a workable fit. If not, meet with someone else. Our article on how to choose a divorce lawyer covers what else to compare.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Professional Conduct. It is not legal advice about your specific case.