Montana Marriage

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Nov 29, 2010

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Marriage in Montana requires obtaining a valid Montana marriage license. Montana marriage laws promulgate a series of requirements for obtaining a license, including certain restrictions on minors and individuals who have been divorced. Montana is one of the small number of states that allow common law marriages, as well as proxy marriages.


Montana Marriage Consent Laws

  • With Parental Consent: 16 and 17 year-olds must obtain parental consent before a marriage license is issued in Montana. The couple also must attend at least two counseling sessions with a state-designated marriage counselor, and get the consent of a district court judge. Minors 15 and younger may not get a marriage license in Montana.
  • Without Parental Consent: Adults 18 and older may marry in Montana without parental consent.


Montana Common Law Marriage

Common law marriages are recognized in Montana. A Montana common law marriage is established with the presence of all of the following three elements: (1) the couple is competent to enter a marriage, (2) the couple mutually consents and agrees to a common law marriage, and (3) the couple cohabits and has the reputation in the community for being husband and wife.


Montana Marriage License

  • Residency:  No residency requirement.
  • Tests: Women must submit a medical certificate of testing for rubella.
  • Identification Required:  Driver’s license and certified copy of birth certificate.
  • Appearance/Proxy:  Proxy marriages are permitted in Montana. Some counties even allow double proxy marriages (i.e. neither party is present).
  • Previous Marriages:  Previously married individuals must present certified copies of the divorce decree or death certificate that proves the end of the previous marriage.
  • Length of License:  180 days from the issuance of the license.
  • Fees:  $53
  • Authorized Montana Officiants:  Any city judge, mayor, ordained minister, or justice of the peace.

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