Marriage license Laws in the state of Montana, here is what you need to bring with you, and what you need to know about the Montana marriage laws before filling out the Montana marriage license form.
In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are.
You'll typically need to apply for your marriage license at least one month before your wedding ceremony. You'll traditionally need to send in your birth certificates, tax information, and other official documents. You don't, however, want to apply for your marriage license too early. In some states, the licenses do expire, if you don't get married within a few months.
When you apply for your license, you'll not only need a proof of identification and age, will need to provide any information about previous marriages, and will need to pay a nominal fee. You will also need to have a witness when you sign the application, so plan on bringing your maid of honor or best man with you. The bride will need to know what her married name will be before she signs the marriage certificate. You'll have to write that name on the application.
And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married. You need to have a justice of the peace or a religious clergyman sign the document. On your wedding day, you'll give your chaplain your marriage license, then after the ceremony, he'll sign it and send it to the proper government agency for validation.
ID Requirement: Picture id such as Drivers License, and certified copy of birth certificate.
Residency Requirement: Do not have to be a resident of Montana.
If Divorced: A certified copy of the divorce decree is required.
Application Requirement: License applications can be obtained from the Clerk of the District Court in any Montana county. Complete applications cannot be filed by mail; both parties must be present in front of the Clerk. If both parties are non-residents of Montana, obtain the license application from the Clerk in the county in which the ceremony will be performed. If one party is a non-resident, his/her part can be sworn to or affirmed in the county and state in which he/she resides.
Waiting Period: No waiting period unless under the age of 18.
Fees: $30.25 - Cash Only.
Blood Tests: The bride is required to take a blood test for rubella.
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.
No one 15 years of age or younger may marry in Montana.
40-1-301. Solemnization and Registration:
(1) A marriage may be solemnized by a judge of a court of record, by 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. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
(2) If a party to a marriage is unable to be present at the solemnization, he may authorize in writing a third person to act as his proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, he may solemnize the marriage by proxy. If he is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
(3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if either party to the marriage believed him to be so qualified.
History: En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec. 9, Ch. 33, L. 1977; R.C.M. 1947, 48-309(1), (2), (4); amd. Sec. 1, Ch. 247, L. 1979; amd. Sec. 3, Ch. 348, L. 1985.
Solemnization Authority: Within the 30-day period after the marriage license is issued, the marriage must be "solemnized" by one of the following:
A clergyman or clergywoman, active or retired, who is in good standing with any church or synagogue in Missouri;
A Circuit Court or Associate Circuit Court judge (who are prohibited by a Missouri Constitutional provision from receiving any compensation for the service);
A religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organization?s regulations and customs.
Within 90 days after the marriage ceremony, the person solemnizing the marriage must complete the marriage certificate issued with the marriage license and return it to the office of the issuing Recorder. Lack of witnesses does not render a marriage invalid. However, two witnesses can submit an affidavit that the marriage ceremony took place if the certificate is lost or destroyed and the person who solemnized the marriage is unavailable.
Proxy Marriages: Yes.
Officiants: Ministers of the gospel of any denomination may perform marriages. Ministers must complete and return a marriage certificate to the clerk of the district court within 30 days after the marriage. Also the minister must provide marriage certificates to the bride and groom upon request.
Valid: License is valid for 180 days. Marriage licenses are like cream; if you don't use it straight away, eventually it will go sour. Montana marriage licenses expire after 6 Months. If your license expires before you wed, you can reapply for another license.
While the record that a marriage occurred is public in Montana, the personal information about the bride and groom contained in the marriage license application is confidential and generally available only to immediate family members.
The license can only be used within the State of Montana.
Additional details of the license requirements are available in the Montana Codes Annotated, Title 40 Family Law, Chapter 1 Marriage.
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.
To notify us of corrections or additions send an email to email@example.com. Please include the state and county information.
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