How to Get Married in Montana: License, Officiant, and Filing

To get married in Montana, you apply for a $53 marriage license at any county Clerk of District Court, then either have an authorized officiant perform a ceremony or file a written declaration of marriage. There’s no waiting period, no blood test, and the license is good for 180 days statewide.¹

Getting Your Marriage License

Apply at the Clerk of District Court in any Montana county. The license is valid anywhere in the state, not just in the county that issued it.¹ Both of you must complete and sign the application, but under the statute only one party has to appear in person before the clerk and pay the fee.² Some counties prefer both parties to come in, and when the absent party can’t be there, that person typically signs their portion of the application before a clerk of district court wherever they are. Call the office you plan to use before you go.

Bring proof of age: a valid driver’s license, passport, or government-issued ID.³ The application asks for each person’s full legal name, current address, date and place of birth, Social Security number, and each parent’s full name (including the mother’s maiden name) and place of birth. If either of you was previously married, you’ll list the former spouse’s name and the date and location of the divorce or death.⁴

The fee is $53, usually payable by cash, debit, or credit card. Some counties add a small processing fee for cards, and checks generally aren’t accepted.⁵ Montana requires no blood test.⁶ The license takes effect the moment it’s issued and stays valid for 180 days.¹

Who Can Marry

Both parties must be at least 18 to marry on their own.² Applicants who are 16 or 17 can marry only under a strict process: both parents (or the parent with custody, or the guardian) must consent, a district court judge must approve the marriage, and both partners must complete at least two counseling sessions spaced at least 10 days apart before the judge signs off. The court has to find that the applicant is capable of handling the responsibilities of marriage and that it serves their best interest, and pregnancy alone doesn’t meet that standard.⁷ No one under 16 can legally marry in Montana.

Certain relationships are off-limits: an ancestor and a descendant, siblings (including half-siblings), first cousins, and an uncle and niece or aunt and nephew, including half-blood relationships. You also can’t marry if you’re still legally married to someone else, and any prior marriage must be ended by divorce or death before you apply.⁸

Three Ways to Solemnize the Marriage

Have an Authorized Officiant Perform a Ceremony

Montana’s list of authorized officiants is broader than most states’:

Any judge of a court of record, including federal judges
A mayor, city judge, or justice of the peace
A Montana notary public authorized to solemnize marriages under state rules
Tribal judges
Anyone authorized to perform marriages under the rules of their religious denomination, Indian nation or tribe, or native group

The notary option is unusual: very few states allow it. If you want a simple, non-religious ceremony and don’t want to track down a judge or justice of the peace, a Montana notary authorized for solemnization can handle it.⁹

File a Declaration of Marriage Instead of a Ceremony

Montana lets couples skip the officiant entirely. You can consummate a marriage by filing a written declaration with the Clerk of District Court in the county where the agreement is made. No ceremony, no officiant, but you do need two witnesses who attest to the declaration and are present when you formally acknowledge it before the clerk.¹⁰ The declaration must include each party’s name, age, and residence; the fact of the marriage; each parent’s name (with the mother’s maiden name) and address; and a statement that both parties are legally competent to marry. The filing fee is the same $53 as a standard license.⁵ A marriage by declaration carries the same legal weight as one performed by an officiant.

Marry by Proxy

Montana is one of very few states that allows proxy marriages, and the only state that routinely permits double proxy marriages where neither party is physically present. If one party can’t attend, that person can authorize someone else in writing to stand in as their proxy. The officiant can proceed as long as they’re satisfied the absent party is unable to be present and has consented; if the officiant isn’t satisfied, the couple can petition the district court to allow it.¹¹

There’s an eligibility requirement: at least one party must be either a U.S. armed forces member on federal active duty or a Montana resident at the time of the license application. One party or a legal representative must still appear before the clerk to pay the license fee.¹¹ When neither party is present at the solemnization, the license fee goes from $53 to $83.⁵

Filing the Marriage Certificate

The officiant who solemnizes your marriage, or one of the parties if no single individual performed the ceremony, is responsible for completing the marriage certificate form and forwarding it to the Clerk of District Court.¹¹ The statute doesn’t set a deadline, but county clerks generally expect the certificate back within 30 days of the ceremony.¹ Until the certificate is filed, your marriage may not appear in county records, which can hold up name changes, insurance enrollment, and tax filing.

Once the clerk processes your certificate, you can order copies. The statutory fee for a copy is $5.⁵ Some counties charge $7 for certified copies, which are the version you’ll need for legal purposes like updating federal records or changing your name.¹ Order two or three certified copies upfront; you’ll use them quickly.

Changing Your Name

If you’re taking a new last name, the order matters. Start with Social Security. Complete Form SS-5 (Application for a Social Security Card) and provide your certified marriage certificate along with proof of identity. You can apply online through your my Social Security account if you’re eligible, or visit a local SSA office.¹²

After Social Security processes the change, wait at least 24 hours before going to the Montana Motor Vehicle Division. You must schedule an in-person appointment at an MVD Driver Exam Station to update your driver’s license, bringing your current license and a certified copy of your marriage certificate (or declaration). The MVD verifies your name against Social Security records, and if they don’t match, your application is denied.¹³ With your new Social Security card and updated license in hand, you can then update your passport, bank accounts, employer records, and insurance policies.

A Note on Common Law Marriage

Montana still recognizes common law marriage. The state code explicitly provides that common law marriages are not invalidated by the marriage statutes.¹⁴ In practice, establishing one typically requires the couple to have the capacity to marry, to agree to be married, to live together, and to hold themselves out publicly as married. The statute doesn’t spell out each element in a checklist, so courts evaluate common law claims based on the totality of the circumstances.

A common law marriage carries the same legal weight as a licensed one. Ending it requires a formal divorce, with the same property division, support, and parenting determinations as any other dissolution. Simply moving out isn’t enough.

1
Gallatin County, MT. Gallatin County Clerk of District Court – Marriage License
2
Montana State Legislature. Montana Code 40-1-202 – License Issuance
3
Montana State Legislature. Montana Code 40-1-203 – Proof of Age
4
Missoula County. Missoula County Marriage Licenses
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Montana State Legislature. Montana Code 25-1-201 – Fees of Clerk of District Court
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Lake County, MT. New Marriage License
7
Montana State Legislature. Montana Code 40-1-213 – Judicial Approval
8
Montana State Legislature. Montana Code 40-1-401 – Prohibited Marriages – Contracts
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Montana State Legislature. Montana Code 1-5-630 – Solemnization of Marriage Authorized
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Montana State Legislature. Montana Code 40-1-311 – Declaration of Marriage Without Solemnization
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Montana State Legislature. Montana Code 40-1-301 – Solemnization and Registration
12
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card
13
Montana MVD. Changing Your Name on Your License / ID
14
Montana State Legislature. Montana Code 40-1-403 – Validity of Common-Law Marriage