Applying for a Marriage License in Montana

How to Get Married in Montana

Certificate of marriage
Nerida McMurray Photography/Digital Vision/Getty Images

Montana is pretty unique in allowing some to get married by proxy. But counties often have different requirements so make sure you understand the marriage laws of Montana before you apply for a marriage license.

Residency Requirement:

You do not have to be a resident of Montana.

ID Requirement:

Certified copy of birth certificate or driver's license. Social Security numbers are required on the application.

Previous Marriages in Montana:

If you've been married before, you will need to show a certified copy of your divorce decree.

Covenant Marriage Option:

No.

Waiting Period:

Montana does not have a waiting period unless you are under the age of 18.

Fees:

It will cost you approximately $58.00 to get married in Montana. Costs and accepted types of payment may vary from county to county. Check with a county clerk before applying for your marriage license.

Other Tests:

In Montana, the bride is required to take a blood test for rubella unless she is over 50 years old. However, couples can request a waiver to avoid this test.

Proxy Marriage:

Yes. Although double-proxy marriages are allowed in Montana, not all Montana counties provide this service. One of you has to either be a resident of Montana or a member of the armed forces.

More information about proxy marriage in Montana.

Cousin Marriage:

No.

Common Law Marriage:

Yes.

40-1-403. Validity of common-law marriage

Same Sex Marriages:

Yes. Although in November, 2004, voters passed a constitutional amendment banning same sex marriage, the law was overturned.

Under 18:

If you are 16 or 17 years old, you must have the consent of both parents unless only one parent has legal custody of you.

Proof of age must be in the form of a certified copy of your birth certificate. Both of you, as a couple, will also have to attend at least two counseling sessions that are at least 10 days apart. This has to be done with a designated counselor who will then have to provide a letter that states the names of the couple, their ages, the dates of the counseling sessions, and what the counselor thinks about their possible marriage. Then judicial consent signed by a district court judge must be given for the Clerk of court's office to issue a marriage license. No one 15 years of age or younger may marry in Montana.

Officiants:

Any ordained or licensed clergymen, mayor, city judge, tribal judge, and justices of the peace. Couples can also not use an officiant by making a declaration of their marriage.

Miscellaneous:

License is valid for 180 days.

Copy of Certificate of Marriage:

Department of Health and Human Services
Vital Statistics Bureau
111 N. Sanders, Room 205
Helena, MT 59620
(406) 444-4228

PLEASE NOTE:

State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.

It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.