A divorce lawyer advises, drafts, negotiates, and, when a case does not settle, tries the case. Much of the work is quieter than courtroom scenes suggest: gathering facts, preparing sworn financial disclosures, and writing documents precise enough to be enforced years later. This page, part of our Montana Divorce Guide, goes through the work stage by stage and then turns to what remains your decision.
The Work at a Glance
| Stage | What the lawyer does | Statute or rule |
|---|---|---|
| Advice | Explains your rights, the likely range of results, and the ways to resolve the case. | Rules 1.4 and 2.1 |
| Starting or answering the case | Prepares the verified petition with a proposed parenting plan, or the verified response, due within 21 days after service. | MCA § 40-4-105 |
| Disclosure | Assembles your sworn declarations of assets, debts, income, and expenses, and reviews your spouse's. | MCA §§ 40-4-252 to 40-4-254 |
| Temporary orders | Asks for or responds to requests for temporary support, an interim parenting plan, or injunctions. | MCA §§ 40-4-121 and 40-4-220 |
| Negotiation | Exchanges proposals, attends mediation or settlement conferences, and advises you on offers. | MCA §§ 40-4-201 and 40-4-301 |
| Drafting | Writes the separation agreement, the parenting plan, and the proposed decree. | MCA §§ 40-4-201 and 40-4-234 |
| Trial | Presents evidence and argument on whatever is not settled. | MCA § 40-4-104 |
| After the decree | Prepares follow-up documents such as an order dividing a retirement plan. | MCA § 40-4-202(6) |
Not every case passes through every stage. An agreed case may go from advice to drafting. A disputed one may need each step. Our Montana divorce timeline shows the order in which they arrive.
Advice Comes First
Before anything is filed, a lawyer's job is to tell you where you stand. That means applying the statutes to your facts: how a court apportions property (MCA § 40-4-202), whether maintenance is even available under the two-part test in MCA § 40-4-203(1), and what a parenting plan has to address. Rule 2.1 of the Montana Rules of Professional Conduct requires a lawyer to "exercise independent professional judgment and render candid advice." Candid sometimes means unwelcome.
Advice also covers what not to do. Once a petition is filed, an automatic economic restraining order restrains both spouses from transferring or disposing of marital property, with listed exceptions (MCA § 40-4-126). A lawyer explains what that order allows before you act.
Pleadings and Financial Disclosure
A dissolution starts with a verified petition whose required contents are listed in MCA § 40-4-105(1), including a proposed parenting plan when there are children. The other spouse may file a verified response within 21 days after service. The lawyer drafts whichever one is yours and arranges proper service.
Then comes disclosure, which can be a large share of the work when there is property to divide. Each spouse serves a preliminary declaration of disclosure within 60 days of service of the petition, listing all assets and liabilities, with an income and expense declaration (MCA § 40-4-252). A final declaration follows before settlement or, if the case is going to trial, no later than 45 days before the first assigned trial date (MCA § 40-4-253(1)). Absent good cause, the court may not enter a judgment on property rights until each party has served the final declaration (MCA § 40-4-254).
These are signed under penalty of perjury. A lawyer helps you make them complete and reviews your spouse's for gaps. See financial disclosure in a Montana divorce.
Temporary Orders While the Case Is Pending
Life does not pause for the case. Either spouse may move for temporary maintenance, temporary child support, or a temporary family support order, supported by an affidavit (MCA § 40-4-121(1)). A parent may ask for an interim parenting plan, also by affidavit (MCA § 40-4-220). The lawyer prepares the motion and affidavit, or the response, and presents it at the hearing. See temporary orders during divorce.
Negotiating and Drafting the Agreement
Montana law encourages spouses to settle. They "may enter into a written separation agreement" covering property, maintenance, and support and parenting of their children (MCA § 40-4-201(1)). The lawyer's part is to advise you on each proposal, negotiate, and represent you in mediation or at a settlement conference. In Missoula County, the local rules require two settlement conferences before a civil case may be set for trial (Fourth Judicial District Local Rule 9(A)).
Drafting is where precision counts. The property and maintenance terms of a separation agreement bind the court unless it finds them unconscionable (MCA § 40-4-201(2)), and once in the decree they are enforceable as a judgment, including by contempt (MCA § 40-4-201(5)). Vague terms about who refinances the house by when, or how a retirement account is divided, become disputes later. When there are children, a final parenting plan must be incorporated into the decree (MCA § 40-4-234(1)). Our articles on the marital settlement agreement and on what a parenting plan must include cover the contents.
Trial, If the Case Does Not Settle
Whatever the spouses cannot agree on, the judge decides after hearing evidence. Trial work is preparation: organizing exhibits, preparing you and other witnesses to testify, and presenting the facts that the statutory factors turn on. The court then enters a decree that addresses parenting, child support, maintenance, and property (MCA § 40-4-104(1)(c)). Our article on going to trial in a divorce describes what to expect.
What Stays Your Decision
Hiring a lawyer does not hand over your divorce. Rule 1.2(a) divides the roles:
- A lawyer "shall abide by a client's decisions concerning the objectives of representation." What you want out of the case is yours to decide.
- A lawyer "shall abide by a client's decision whether to settle a matter." No lawyer may accept or reject an offer for you without your authority.
- The lawyer must consult with you about the means used to pursue your objectives, and must explain matters "to the extent reasonably necessary to permit the client to make informed decisions" (Rule 1.4(b)).
There are limits on the other side. A lawyer "shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent" (Rule 1.2(d)). A lawyer will not help hide an asset or sign off on a disclosure the lawyer knows is false, and a lawyer who is asked to may have to withdraw. Within those limits, the case is yours, and the lawyer's job is to help you decide it well.
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.