Montana Wedding Laws
If the idea of the open country as a setting for your wedding is appealing, you might want to consider getting married in Big Sky Country itself, the state of Montana. This state has unique requirements for a valid ceremony, yet the laws have recently undergone some updates. Therefore, it is important that you have the most current information to be sure you are in compliance with the legal requirements without taking any unnecessary steps.
Getting Married in Montana
- Marriage By Proxy Allowed:
- Yes
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 2
- Min. Age of Witnesses:
- 18
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
The legality of the ceremony depends on the parties expressing consent to marry one another. This may sound complicated but can be accomplished by simply asking the two parties getting married if they consent to the marriage and them replying "I do." The minister must be present and make a declaration that solemnizes the marriage. There must be at least two adult witnesses. Oddly, however, it is not required that either you or your future spouse be present for the ceremony. Though most couples would probably prefer to attend the wedding in person, it can also be conducted remotely as long as the minister is physically present.
40-1-301
(2) If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage 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 that person to be qualified.
(4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.
Montana Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Judicial Approval
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
Montana recognizes the validity of marriage equality, so same-sex couples are able to get married there with no legal impediments. There is no requirement for the couple to reside in Montana prior to marriage, so out-of-state couples are welcome to get married here as well.
Montana does require that you and your spouse meet the age requirement of 18 or older. However, there is an exception for those ages 16 or 17 who wish to marry and obtain judicial approval.
§ 40-1-107
(1) The director of the department of public health and human services shall prescribe the form for an application for a marriage license, which must include the following information: (a) name, sex, address, [social security number,] and date and place of birth of each party to the proposed marriage; (b) if either party was previously married, the party's name and the date, place, and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse; (c) name and address of the parents or guardian of each party; and (d) whether the parties are related to each other and, if so, their relationship. (2) The director of the department of public health and human services shall prescribe the forms for the marriage license, the marriage certificate, and the consent to marriage. [(3) The license, certificate, or consent may not contain the social security number, and the department shall keep the number from this source confidential, except that the department may use the number in administering Title IV-D of the Social Security Act.] (4) The information contained in the marriage license application is subject to the disclosure restrictions provided in 50-15-122(5).
How to Become a Wedding Officiant in Montana
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Clerk of Court
- Latest Document(s) Submission Date Allowed:
- After the Ceremony
- Minister I.D. # Issued:
- No
The state of Montana does not concern itself with the residence, personal beliefs, or background of the minister who is to perform the ceremony. However, it is a requirement that the officiant be at least 18 years of age and duly authorized to solemnize marriages. Coincidentally, the Universal Life Church does not grant ministers that authority through online ordination unless they are at least 18 years old.
The ULC minister performing a wedding in Montana should coordinate with the couple and contact the same clerk who issued the marriage license regarding the required documentation to ensure that the marriage is legal. The reason is that counties in Montana have the authority to set their own requirements. The necessary documents may vary as a result. Some county clerks may not ask for any documentation at all. We recommend that ULC ministers purchase the Classic Wedding Package so that they have all the basics covered and can present documentation upon request.
40-1-301. 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.
Applying For a Marriage License in Montana
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 180 Days
- License Must Be Submitted:
- Within 30 Days of Ceremony
Montana marriage licenses remain valid for 180 days after the date of issuance. Once the ceremony has taken place, the license must be returned within 30 days thereafter. Montana does not impose any mandatory waiting period, meaning that the license is valid immediately.
While Montana law regards ministers of the Universal Life Church as religious actors, the license authorizes both civil and religious ceremonies. In other words, the extent to which your ceremony is or is not religious is up to you to decide.
§ 40-1-212
A license to marry is effective upon issuance and expires after 180 days.
How to Get a Montana Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Varies by Residency
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $53.00
- Accepted I.D. Types:
- Photo ID
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
Until fairly recently, Montana had a law on the books requiring females seeking marriage to submit to a blood test before a marriage license could be issued, not to rule out consanguinity but to confirm an immunity to rubella. The blood test requirement has been optional with a waiver since 2007, and in 2019 it was abolished completely. There is no longer a blood test requirement for couples wishing to marry in Montana.
Couples do need to pay a fee of $53 to obtain a marriage license and to apply personally to the clerk of the district court. Those who have been married before must provide proof of divorce. Upon issuance, the couple must pick up the license themselves and present government-issued photo IDs as proof of their identities.
40-1-202. License issuance. Except as provided in 40-1-301, when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:
(1) satisfactory proof that each party to the marriage will have attained 18 years of age at the time the marriage license is effective or will have attained 16 years of age and has obtained judicial approval as provided in 40-1-213; and
(2) satisfactory proof that the marriage is not prohibited.
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
After performing the ceremony, the most important job of the wedding officiant is to return the completed marriage license to the original issuer. He or she has up to 30 days after the ceremony to carry out that task.
ULC ministers are not considered church employees. Therefore, if asked to provide a church address on the marriage license, they can fill out their own addresses instead. They can enter "Universal Life Church Ministries" as the ordaining body and "minister" for the title.
§ 40-1-321
(1) Upon receipt of the marriage certificate, the clerk of the district court shall register the marriage. (2) Every person solemnizing a marriage who shall neglect to make and deliver to the clerk of the district court a certificate thereof within 30 days after having solemnized such marriage shall forfeit for such neglect a sum not less than $10 or more than $50; and any clerk of the district court who shall neglect to record such certificate so delivered within 1 month after its delivery shall forfeit the like penalty.
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