The clients who get the most from a divorce lawyer do four things: they tell the whole truth, they keep their documents organized, they protect their communications, and they respond when asked. None of it requires legal knowledge. This page, part of our Montana Divorce Guide, explains each habit and the rules behind it.
Tell Your Lawyer Everything
A lawyer can deal with a bad fact that is known. A bad fact that surfaces in the middle of a hearing is far harder. Tell your lawyer about the account you opened, the debt your spouse does not know about, the text you regret, the new relationship. The court divides property and sets maintenance "without regard to marital misconduct" (MCA §§ 40-4-202(1) and 40-4-203(2)), so some facts people are embarrassed by may matter less than they fear. The lawyer needs them in order to tell you which ones do matter.
The law protects this candor in two ways. Under MCA § 26-1-803, an attorney cannot be examined, without the client's consent, about communications made by the client or the advice given in the course of professional employment. And Rule 1.6 of the Montana Rules of Professional Conduct bars a lawyer from revealing information relating to the representation unless the client gives informed consent or an exception in the rule applies.
Honest Disclosure Is the Law, Not a Tactic
Candor with your lawyer is matched by candor in the case. Each spouse serves a preliminary and a final declaration of disclosure, both "executed under penalty of perjury" (MCA §§ 40-4-252(1) and 40-4-253(1)). The consequences of leaving something out are written into the statute:
- Failure to disclose an asset or liability on the final declaration is presumed to be grounds for the court to award the undisclosed asset to the other party, or the undisclosed liability to the party who failed to disclose (MCA § 40-4-253(4)).
- The court may set aside the judgment, or part of it, if it discovers within 5 years of entry that a party committed perjury in the final declaration (MCA § 40-4-253(5)).
Your lawyer cannot help you around these rules. A lawyer may not counsel or assist conduct the lawyer knows is criminal or fraudulent (Rule 1.2(d)). If you are worried about what a disclosure will show, raise it with your lawyer early. See financial disclosure in a Montana divorce.
Privilege, and What Can Break It
The privilege belongs to you, and you can lose it by your own actions. Montana Rule of Evidence 503(a) says a person "waives the privilege if the person ... voluntarily discloses or consents to disclosure of any significant part of the privileged matter." How that rule applies depends on the facts, but the safe habits follow from it:
- Do not forward your lawyer's emails or letters to relatives, friends, or a new partner, and do not paste the advice into texts or social media posts.
- Use an account only you can open. A shared family email, a shared tablet, or a phone your spouse or children can unlock is not a private channel.
- Ask before bringing someone to a meeting. Your lawyer may want part of the conversation to be with you alone.
- Talk to your lawyer about your case, and to friends about how you are doing. The first is protected. The second can be asked about.
What you write to your spouse, or post publicly, is not privileged at all. Our article on social media and texting during divorce covers that side.
Organize Your Documents
Much of a divorce file is paper: tax returns, pay records, account statements, loan documents, titles. The disclosure declarations have to identify every asset and liability (MCA § 40-4-252(3)), and each entry needs a record behind it. A client who delivers statements sorted by account and date makes that work quick. Our divorce documents checklistlists what to gather. Provide your own records and joint records you can lawfully reach, and leave your spouse's private mail and accounts alone.
| Habit | Why it helps |
|---|---|
| Deliver documents in order, labeled by account and date | Sorting a box of loose paper is time someone has to spend. |
| Answer requests by the date asked | Disclosure and court deadlines run whether or not the information has arrived. |
| Send one organized message instead of several short ones | Each separate contact takes time to open, read, and answer. |
| Use staff for scheduling and routine questions | Not every question needs the lawyer. |
| Keep a running list of questions for the next call | A planned conversation covers more in less time. |
| Decide which issues matter most to you | Effort goes where you direct it. Spend it on what will matter in five years. |
Response Times, Yours and Your Lawyer's
Communication runs both ways. Your lawyer must "keep the client reasonably informed about the status of the matter" and "promptly comply with reasonable requests for information" (Rule 1.4(a)(3) and (4)). The rule sets no number of hours, so agree at the start on how you will reach each other and what counts as urgent.
Your side matters as much. Court deadlines do not move because a client was slow to answer. The preliminary declaration is due within 60 days of service of the petition (MCA § 40-4-252(1)), and a response to a motion for a temporary injunction may be filed within 21 days after service (MCA § 40-4-121(5)). A lawyer who is waiting on you cannot meet them well. The rules also allow a lawyer to withdraw when a client substantially fails to fulfill an obligation to the lawyer after reasonable warning, or makes the representation unreasonably difficult (Rule 1.16(b)(5) and (6)).
Follow Orders and Keep Perspective
Two last habits protect you. First, follow every court order to the letter, starting with the automatic economic restraining order that comes with the summons (MCA § 40-4-126). If you are unsure whether something is allowed, ask before you do it. Our article on what not to do during a divorce lists the common missteps.
Second, remember whose case it is. You set the goals and decide whether to settle (Rule 1.2(a)). A lawyer is not a substitute for a counselor or a friend, and using one that way is costly. Bring your lawyer the legal questions and get support for the rest from people suited to give it. See divorce and your mental health.
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.