Getting Married in Montana: A Legal Guide
Montana marriage laws require couples to obtain a marriage license from any county clerk's office, with no waiting period and licenses valid for 180 days. Both parties must appear in person with valid identification, and the state does not require blood tests or residency requirements for marriage licenses.
Marriage in Montana creates legal rights and responsibilities that affect property ownership, inheritance, and financial obligations. Understanding these legal implications before your wedding day can help ensure a smooth transition into married life and protect both parties' interests.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Montana Marriage License Requirements
In Montana, couples must obtain a marriage license before getting married. Both parties must appear in person at a county clerk's office, provide valid identification, and pay a fee (typically $53). There is no waiting period in Montana, and the license is valid for 180 days after issuance.
Montana Age Requirements for Marriage
Montana law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 years old may marry with parental consent. Montana prohibits marriage for anyone under 16 years of age.
Montana Marriage Ceremony Requirements
Montana recognizes marriages performed by judges, retired judges, public officials authorized by law, and ordained ministers or priests. The ceremony must include a declaration by the couple that they take each other as husband and wife, and must be witnessed by at least two people besides the officiant.
Montana Common Law Marriage
Montana is one of the few states that still recognizes common law marriage. For a common law marriage to be valid, the couple must: (1) be competent to enter marriage, (2) mutually consent and agree to marriage, and (3) live together and publicly present themselves as married. No formal ceremony is required.
Montana Name Change After Marriage
In Montana, either spouse may legally change their surname after marriage by using their marriage certificate as proof of the name change. This can be used to update identification documents, Social Security records, and other official documents.
Regional Variances
Marriage License Requirements in Montana
In Montana, couples must apply for a marriage license at any county clerk's office. Both parties must appear in person with valid ID. There is no waiting period after receiving the license, and the license is valid for 180 days. Montana does not require blood tests or residency. The fee is typically $53, but may vary slightly by county. Montana allows proxy marriages where one or both parties can be represented by a stand-in during the ceremony, which is rare in the US.
Yellowstone County, Montana's most populous county, follows state laws but may have specific office hours for marriage license applications. The clerk's office is located in Billings and requires appointments for marriage license applications during busy seasons.
Missoula County follows state marriage laws but may have different administrative procedures. The county clerk's office is located in the Missoula County Courthouse and may offer extended hours during peak wedding seasons.
Flathead County, home to Kalispell, follows state marriage laws but may have specific documentation requirements. Due to its proximity to Glacier National Park, a popular wedding destination, the county clerk's office may experience high volume during summer months.
Montana has seven Indian reservations with their own tribal governments. If getting married on tribal lands, couples should check with the specific tribal government as additional requirements or ceremonies may apply. For example, the Blackfeet Nation may have different marriage procedures than state law.
Marriage Ceremony Options in Montana
Montana allows marriages to be performed by judges, retired judges, public officials whose powers include solemnization of marriages, mayors, city judges, justices of the peace, tribal judges, or ordained ministers/priests. Montana also recognizes self-uniting marriages (no officiant required) and proxy marriages, making it one of the few states with these options.
Glacier County, home to part of Glacier National Park, has specific permit requirements for ceremonies held within the national park. Couples must obtain a special use permit from the National Park Service in addition to their Montana marriage license.
In Helena, the state capital, marriages can be performed at the historic Montana State Capitol building, but require advance scheduling and approval from the Department of Administration, unlike other counties where such venues may not be available.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Montana, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and know your Social Security numbers. The fee is approximately $53 (varies by county). There is no waiting period in Montana, and the license is valid for 180 days after issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Montana, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Montana law.
Plan for Name Change (if applicable)
Within 90 days after wedding days after startingIf either spouse plans to change their name after marriage, prepare to update your name on all official documents. In Montana, you can use your marriage certificate as proof of name change. You'll need to update your name with the Social Security Administration first, then your driver's license at the Montana DMV, and then other documents.
Update or Create a Will
Within 60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Montana. Review and update your existing will or create a new one that reflects your marital status and includes your spouse. Montana recognizes holographic (handwritten) wills, but a properly witnessed and notarized will provides better protection.
Create a Healthcare Power of Attorney
Within 60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Montana, this document must be signed in the presence of two witnesses or a notary public. While spouses have some default rights, a formal HCPOA provides clearer authority and can address specific wishes.
Establish a Durable Power of Attorney
Within 60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Montana, a durable power of attorney must be in writing, signed, dated, and either notarized or witnessed by two adults. Consider whether you want it to be effective immediately or only upon incapacity ('springing').
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Montana, beneficiary designations typically override will provisions, so it's crucial to update these forms to include your spouse if desired.
Consider Joint Banking Accounts
Within 30 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination. Montana is not a community property state but follows equitable distribution laws. Joint accounts create rights of survivorship, meaning the surviving spouse automatically inherits the funds without probate.
Update Health Insurance Coverage
Within 30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch plans. In Montana, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your situation. Montana has a state income tax, and your filing status for state taxes typically matches your federal status.
Review Property Ownership
Within 90 days after wedding days after startingConsider how you want to title real property (homes, land) in Montana. Options include sole ownership, tenancy in common, joint tenancy with right of survivorship, or tenancy by the entirety. Each has different implications for ownership rights and what happens to the property upon one spouse's death.
Update Estate Plan
Within 90 days after wedding days after startingBeyond a will, consider whether you need a trust or other estate planning tools. Montana's probate process can be simplified for smaller estates, but comprehensive estate planning may still be beneficial, especially if you own significant assets or have children from previous relationships.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Montana, both parties must appear in person at any county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and know your Social Security numbers. The fee is approximately $53 (varies by county). There is no waiting period in Montana, and the license is valid for 180 days after issuance. | - | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Montana, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Montana law. | Prenuptial Agreement | 90-120 days before wedding |
| Plan for Name Change (if applicable) | If either spouse plans to change their name after marriage, prepare to update your name on all official documents. In Montana, you can use your marriage certificate as proof of name change. You'll need to update your name with the Social Security Administration first, then your driver's license at the Montana DMV, and then other documents. | Name Change Application | Within 90 days after wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Montana. Review and update your existing will or create a new one that reflects your marital status and includes your spouse. Montana recognizes holographic (handwritten) wills, but a properly witnessed and notarized will provides better protection. | Updated Will | Within 60 days after wedding |
| Create a Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Montana, this document must be signed in the presence of two witnesses or a notary public. While spouses have some default rights, a formal HCPOA provides clearer authority and can address specific wishes. | Healthcare Power of Attorney | Within 60 days after wedding |
| Establish a Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Montana, a durable power of attorney must be in writing, signed, dated, and either notarized or witnessed by two adults. Consider whether you want it to be effective immediately or only upon incapacity ('springing'). | Durable Power of Attorney | Within 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Montana, beneficiary designations typically override will provisions, so it's crucial to update these forms to include your spouse if desired. | Beneficiary Designation Forms | Within 30 days after wedding |
| Consider Joint Banking Accounts | Decide whether to maintain separate accounts, create joint accounts, or use a combination. Montana is not a community property state but follows equitable distribution laws. Joint accounts create rights of survivorship, meaning the surviving spouse automatically inherits the funds without probate. | Joint Bank Account Application | Within 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch plans. In Montana, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | Within 30 days after wedding |
| Update Tax Filing Status | Your marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your situation. Montana has a state income tax, and your filing status for state taxes typically matches your federal status. | - | By next tax filing deadline |
| Review Property Ownership | Consider how you want to title real property (homes, land) in Montana. Options include sole ownership, tenancy in common, joint tenancy with right of survivorship, or tenancy by the entirety. Each has different implications for ownership rights and what happens to the property upon one spouse's death. | - | Within 90 days after wedding |
| Update Estate Plan | Beyond a will, consider whether you need a trust or other estate planning tools. Montana's probate process can be simplified for smaller estates, but comprehensive estate planning may still be beneficial, especially if you own significant assets or have children from previous relationships. | - | Within 90 days after wedding |
Frequently Asked Questions
In Montana, you must be at least 18 years old to marry without parental consent (16-17 year-olds need parental consent). Both parties must apply for a marriage license in person at any county clerk's office, present valid ID, and pay a fee (typically $53). There is no waiting period in Montana, and the license is valid for 180 days. You'll need at least one witness for the ceremony, which can be performed by various officials including judges, religious ministers, or tribal officials.
No, Montana does not require blood tests or health examinations to obtain a marriage license. This requirement has been eliminated in all 50 states, including Montana.
Yes, non-residents can get married in Montana. There is no residency requirement for obtaining a marriage license in the state. You can apply at any county clerk's office regardless of where you live or where in Montana you plan to hold your ceremony.
When applying for a marriage license in Montana, both parties need to bring: 1) Valid government-issued photo ID (driver's license, passport, etc.), 2) Social Security numbers (you don't need the physical card), and 3) If previously married, documentation showing how the previous marriage ended (divorce decree, death certificate, etc.). If either party is 16-17 years old, a parent or guardian must be present to provide consent.
A Montana marriage license is valid for 180 days (6 months) from the date of issuance. The ceremony must take place within this timeframe, or you'll need to apply for a new license. After the ceremony, the officiant must return the completed license to the county clerk's office within 30 days.
In Montana, weddings can be officiated by: judges (including retired judges), court commissioners, justices of the peace, mayors, religious ministers/priests/rabbis, tribal officials, and certain public officials. Montana also allows for self-uniting marriages (sometimes called 'declaration of marriage') where the couple can essentially officiate their own ceremony by signing a declaration in front of a judge.
Yes, Montana is one of the few states that allows double-proxy marriages, where neither party needs to be physically present. This is primarily designed for military personnel stationed overseas. Both parties must meet specific requirements, including being a Montana resident, active military member, or unable to appear due to military service. You'll need to work with a proxy marriage service that specializes in this process.
If you wish to change your name after marriage in Montana, you can indicate your intended new name on the marriage license application. After marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. There's no requirement to change your name, and either spouse (or both) may choose to change their last name to the other's, hyphenate, or create a new combined name.
No, there are no special requirements for same-sex marriages in Montana. Since the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex marriages are legal nationwide and subject to the same requirements and procedures as opposite-sex marriages. All the standard marriage license requirements apply equally regardless of gender.
Yes, Montana is one of the few states that still recognizes common law marriage. For a common law marriage to be valid in Montana, you must: 1) Be legally capable of entering into a marriage (both 18+ and not already married), 2) Mutually consent to be married, 3) Cohabitate, and 4) Hold yourselves out to the public as husband and wife/married couple. There's no specific time requirement for cohabitation. If these elements are met, you may be considered legally married even without a ceremony or license.