Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Nov 29, 2010
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
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.