Montana Marriage Laws

ID Requirement: Certified copy of birth certificates.

Residency Requirement: Do not have to be a resident of Montana.

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: Montana law allows you to get married immediately after officially receiving your marriage license. No waiting period is necessary unless under the age of 18.

If Divorced: A certified copy of the divorce decree is required.

Fees: $53.00 – cash only.

Other Tests: The bride may be 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.

Proxy Marriages: Yes.

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

Miscellaneous: 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.

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.

Please verify all information for accuracy with the appropriate State department.

For questions contact the Clerk of the District Court with jurisdiction in the county where you plan to marry.

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.

Montana County Clerks’ Offices