Bring four things to a first meeting with a divorce lawyer: a short timeline of the marriage, a one-page snapshot of your finances, your written questions, and any court papers you have been served. You do not need a box of records. This page, part of our Montana Divorce Guide, explains each item and how confidentiality works when you have not hired anyone yet.
The Short List
| Bring | Why it helps |
|---|---|
| Any papers served on you or filed by you | The summons, petition, proposed parenting plan, and any orders set deadlines and show what is being asked for. |
| A one-page timeline | Date and place of marriage, date of separation if any, children's names and birth dates, where each of you has lived, and major events. |
| Income information | Recent pay stubs and the last tax return for each of you, if you have them. |
| A list of what you own | Home, land, vehicles, bank and retirement accounts, business interests, with rough values and whose name each is in. |
| A list of what you owe | Mortgage, vehicle loans, credit cards, student loans, tax debt, with rough balances. |
| Existing agreements and orders | A prenuptial agreement, a prior parenting plan, a child support order, or an order of protection changes the starting point. |
| Your questions and goals | What you most want to protect, and what worries you most. |
None of this has to be exact. If you do not know a balance, write your best estimate and mark it as a guess. A lawyer can work from an honest rough picture. What causes trouble is leaving something out.
If You Have Been Served, Bring Every Page
Papers change the urgency. Under MCA § 40-4-105, the responding spouse may file a verified response within 21 days after service, and a decree may not be entered until 21 days after the date of service. Write the date you were served on the first page and bring the whole packet, including the summons.
The summons comes with an automatic economic restraining order. It restrains both spouses from transferring, encumbering, concealing, or disposing of marital property without the other's written consent or a court order, with exceptions for necessities, the usual course of an existing business, and reasonable professional fees for the case (MCA § 40-4-126(1)). It also restrains changing beneficiaries and canceling insurance. Read it before you move money or change an account. Our article on the automatic economic restraining order goes through it line by line.
The Timeline
One page is enough. A lawyer is listening for facts the statutes turn on. Domicile matters because one spouse must have been domiciled in Montana for 90 days before filing (MCA § 40-4-104(1)(a)). The length of the marriage matters because it is a factor in both property division and maintenance (MCA §§ 40-4-202(1) and 40-4-203(2)). Where the children have lived is another fact a lawyer will ask about, for the reasons in which state decides custody.
Stick to dates and events. You will have time to explain how you feel about them. If there has been violence, threats, or stalking, put that at the top, because it affects how every later step should be handled.
The Financial Snapshot
List what you own and what you owe, in whose name, with rough values. Include property one of you brought into the marriage or inherited. Montana courts apportion property belonging to either or both spouses "however and whenever acquired" (MCA § 40-4-202(1)), so nothing is left off the list because of whose name is on it.
The snapshot is also a head start on a duty you will have anyway. Each spouse must serve a sworn preliminary declaration of disclosure within 60 days of service of the petition, identifying all assets and liabilities, along with an income and expense declaration (MCA § 40-4-252). Our divorce documents checklist lists the records to collect over time.
Gather your own records and records of joint accounts you have lawful access to. Do not open your spouse's mail or sign in to their private email or accounts to build your list. Disclosure runs both ways and is made under penalty of perjury, and there are lawful tools for getting information a spouse does not volunteer. See financial disclosure in a Montana divorce.
How Confidentiality Works in a First Meeting
People sometimes hold back in a consultation because they have not hired the lawyer yet. You do not need to. Rule 1.20 of the Montana Rules of Professional Conduct covers this situation directly.
- A person who consults with a lawyer about the possibility of forming a client-lawyer relationship is a prospective client (Rule 1.20(a)).
- Even when no client-lawyer relationship follows, the lawyer "shall not use or reveal information" from the consultation, except as the rules would permit for a former client (Rule 1.20(b)).
- A lawyer who received information from you that could be significantly harmful to you generally may not then represent your spouse against you in the same matter (Rule 1.20(c)), with exceptions in Rule 1.20(d).
That last rule exists to protect people who consult in good faith. It is one reason a law office may ask for your spouse's name before the meeting: it has to check that it has not already spoken with your spouse.
Two practical points. First, a privilege can be waived by voluntarily disclosing the privileged matter to someone else (Montana Rule of Evidence 503), so ask before bringing a friend into the room and think before forwarding a lawyer's advice to others. Second, use an email address and phone that only you can open when you schedule and follow up.
If You Are Not Safe
If you are afraid of your spouse, tell the office when you call so that messages and mail are handled carefully. Anyone in immediate danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233. Our Montana Domestic Violence Guide explains orders of protection.
When you have your papers together, look over our questions to ask a divorce lawyer and choose the ones that matter most to you.
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.