The mistakes that hurt a Montana divorce case fall into a few groups: moving or hiding money, leaving things off the required disclosures, drawing the children into the dispute, ignoring court orders, and gathering or destroying evidence in ways the law prohibits. Each one has a specific statute behind it. This page explains them and is part of our Montana Divorce Guide.
The Short List, With the Statutes
| Mistake | What the law says | MCA |
|---|---|---|
| Moving, hiding, or selling marital property | Restrained by the automatic economic restraining order; dissipation is weighed in the property division | § 40-4-126(1), § 40-4-202(1) |
| Leaving an asset or debt off your disclosure | Presumed grounds to award the asset to the other spouse; perjury can reopen the judgment | § 40-4-253(4) and (5) |
| Changing beneficiaries or dropping insurance | Restrained while the case is pending | § 40-4-126(1) |
| Secretly recording a conversation | A criminal offense when done with a hidden device without the knowledge of all parties | § 45-8-213(1)(c) |
| Logging in to your spouse's accounts or devices | Can be unlawful use of a computer | § 45-6-311(1) |
| Deleting messages, files, or financial records | Restrained by the automatic order | § 40-4-126(1) |
| Not following a parenting plan or court order | Enforceable by sanctions, including contempt | § 40-4-234(2)(g), § 40-4-126(4) |
Do Not Move, Hide, or Spend Down Assets
When a petition is filed, the clerk issues an automatic economic restraining order with the summons. It restrains both spouses from "transferring, encumbering, concealing, or in any way disposing of" marital property without the other spouse's written consent or a court order. The exceptions are expenses necessary to reasonably maintain the marital standard of living or for the necessities of life, the customary and usual course of operating an existing business, and a reasonable amount for professional fees and costs of the case (MCA § 40-4-126(1)).
The order binds the petitioner on filing and the respondent on service. A spouse who violates it can face an enforcement motion, sanctions, and contempt (MCA § 40-4-126(4)). Apart from the order, the court dividing property must consider "the contribution or dissipation of value of the respective estates" (MCA § 40-4-202(1)). Our page on protecting your finances lawfully explains what you may do, and the automatic economic restraining order page covers the order line by line.
Do Not Shade Your Financial Disclosure
Both spouses sign their declarations of disclosure under penalty of perjury. Failing to disclose an asset or liability on the final declaration is presumed to be grounds for the court, without taking the equitable division into account, to award the undisclosed asset to the other spouse or the undisclosed liability to the spouse who omitted it (MCA § 40-4-253(4)). The court may set aside a judgment if it discovers perjury in the final declaration within 5 years of entry (MCA § 40-4-253(5)). Listing an asset and explaining why you think it is separate is always safer than leaving it off. See hidden assets and dissipation.
Do Not Put the Children in the Middle
Courts decide parenting by the best interest of the child (MCA § 40-4-212(1)). One objective of a final parenting plan is to "maintain the child's emotional stability and minimize the child's exposure to parental conflict" (MCA § 40-4-233(3)), and the statute treats frequent and continuing contact with both parents as being in the child's best interest unless the court finds, after a hearing, that contact with a parent would be detrimental (MCA § 40-4-212(1)(l)).
In practical terms: do not use children as messengers, do not question them about the other household, do not criticize the other parent to them or in front of them, and do not ask them to choose. Do not withhold a child from the other parent on your own unless safety requires it, and if it does, seek a court order promptly. Taking or withholding a child from lawful custody, knowing you have no legal right to do so, is the offense of custodial interference (MCA § 45-5-304(1)). See telling your children about divorce.
Do Not Ignore Court Orders
Temporary orders are real orders. That includes the automatic restraining order, an interim parenting plan, and temporary support. A temporary injunction issued under the dissolution statutes must state on its face that violating it is a criminal offense (MCA § 40-4-121(8)(c)). If an order has become unworkable, the remedy is to ask the court to change it. The court may expand, limit, modify, or revoke the automatic order, and nothing prevents either spouse from asking (MCA § 40-4-126(3)).
One more point surprises people. If the other parent fails to comply with a provision of the parenting plan, your own obligations under the plan are not affected (MCA § 40-4-234(6)). One parent's violation does not excuse the other's. See contempt in family court.
Do Not Record, Snoop, or Delete
Montana requires more than one person's knowledge before a conversation is recorded. Recording a conversation "by use of a hidden electronic or mechanical device" without the knowledge of all parties is the offense of violating privacy in communications (MCA § 45-8-213(1)(c)). The statute excepts persons given warning of the recording, and says that if one person provides the warning, either party may record. Purposely intercepting an electronic communication is a separate offense under the same section. A conviction carries a fine of up to $500, up to 6 months in county jail, or both (MCA § 45-8-213(4)(a)).
Getting into a spouse's phone, email, or accounts is a related mistake. Obtaining access to a computer or network without the owner's consent, using another person's credentials without permission, or using another person's device or credentials to track their movements or monitor their communications can each be unlawful use of a computer (MCA § 45-6-311(1)). The automatic order also restrains opening or diverting the other spouse's mail and email.
Finally, do not delete. The automatic order restrains destroying electronically stored materials, electronic communications, and financial records. Our page on social media and texting during divorce covers posts and messages in more detail.
What to Do Instead
- Keep paying ordinary bills and keep insurance in place.
- Disclose everything, and say how you think each item should be characterized.
- Communicate with your spouse in writing, briefly and civilly.
- Follow every order while you ask the court to change one that is not working.
- Ask before you act on anything large or irreversible.
If you are in danger, none of the cautions on this page mean you should wait. Call 911. The National Domestic Violence Hotline is 1-800-799-7233, and our Montana Domestic Violence Guide explains protective orders.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.