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Marriage License Requirements
A partial list of requirements for obtaining a Marriage License are as
follows (this list is to be used only as a guideline and not to be interpreted
as inclusive of all Montana marriage license laws. It is subject to change
without notice):
- Effective July 1, 2005, the Marriage License fee or filing of a Declaration
of Marriage fee will be $53.00 (CASH ONLY - NO CHECKS).
- The marriage requirements for men and women who are 18 years of age or
older are found in MCA Sec. 40-1-203.
This includes birth certificates, blood tests and certified copies of
divorce decrees.
- Persons 16 or 17 years of age must have parental consent (both parents).
Contact the Clerk of Court's Office on the procedure for this. However, in
the case where only one parent has legal custody of that person, just the
parent having custody is required to sign the consent form in the Clerk of
Court's Office. At 16 or 17 years of age, it is a state law that there must
be at least two sessions of counseling at least 10 days apart with a
designated counselor. This will require a letter written on the letterhead
of the church or designated counselor stating the names of the couple, their
ages, the dates of counseling, and the opinion of the counselor on the
pending marriage. Forms for counseling are also available in the Clerk of
Court's office. Both male and female applicants, as a couple, must
participate in the counseling, after which judicial consent must be given
for the Clerk of court's office to issue a marriage license. A district
court judge signs the judicial consent (40-1-213).
- The marriage of a person 15 and under is prohibited in the State of
Montana (40-1-213).
Therefore, persons under the age of 16 may not marry within the State of
Montana.
- Proof of age shall be substantiated by a certified copy of a birth
certificate or drivers license. (You may not use the hospital form with baby foot prints)
- A premarital blood test certificate form must be submitted by the female
or both parties must sign a waiver. (No blood test is required for the male)
This blood test will attest to the submission of a standard serological test
for rubella immunity, or an exemption (40-1-203
& 40-1-206).
- Those persons desiring to consummate a marriage by written declaration
without solemnization must secure the premarital blood test certificate for
the female prior to executing the declaration (40-1-311
through 313 & 40-1-323).
- Any marriage by proxy may be found under Sections 40-1-301(2)
and 40-1-213(3).
- Prohibited marriages are covered under Section 40-1-401.
- If a person has been previously married and the dissolution granted, a
certified copy of the decree must be presented at the time of application
for a marriage license.
- A marriage license issued to Montana residents authorizes a marriage
ceremony to be performed in the county where the license was issued or in
any county of the State of Montana; however, the license is not transferable
out of state. 40-1-201.
- Persons who may now solemnize a marriage include a judge of a court of
record, a public official whose powers include solemnization of marriages,
by a mayor, city judge or justice of the peace, by a tribal judge, or in
accordance with any mode of solemnization recognized by any religious
denomination, Indian nation or tribe, or native group (40-1-301)
- No license to marry shall be issued if either of the applicants is under
the influence of intoxicating liquor or narcotic drugs (40-1-210).
- A license to marry becomes effective upon issuance. The marriage license
has an expiration notice of 180 days after it becomes effective (40-1-212).
- Effective July 1, 1997, the social security numbers of both male and
female applicants must be on the marriage license application.
IF FURTHER INFORMATION IS REQUIRED, PLEASE CONTACT THE CLERK OF DISTRICT
COURT, 207 WEST BELL, GLENDIVE, MT 59330 OR PHONE 406-377-3967.
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