Marriage License
Requirements
A partial list of requirements for obtaining a Marriage
License are as follows (this list is to be used only as a guideline
and not to be interpreted as inclusive of all Montana
marriage license laws. It is subject to change without notice):
1. Effective July 2005, the Marriage License fee
or filing of a Declaration of Marriage fee will be $53.00(Cash
only - no checks, debit, or credit cards).
2. The marriage requirements for men and women who are 18 years
of age or older are found in MCA Sec. 40-1-203.
This includes certified copies of birth certificates, blood
test waiver (form available in the Clerk's office) and certified
copies of divorce decrees. If your birth certificate is from
a foreign country, we still need a certified copy of the
certificate. It must then be translated to English, by a person
authorized to do so, and their signature must be notarized.
3. Persons 16 or 17 years of age must have parental consent (both
parents). Contact the Clerk of Court's Office on the procedure
for this. However, in the case where only one parent has legal
custody of that person, just the parent having custody is required
to sign the consent form in the Clerk of Court's Office (proof
of custody is required). At 16 or 17 years of age, it is a
state law that there must be at least two sessions of counseling
at least 10 days apart with a designated counselor. This will
require a letter written on the letterhead of the church or designated
counselor stating the names of the couple, their ages, the dates
of counseling, and the opinion of the counselor on the pending
marriage. Forms for counseling are also available in the Clerk
of Court's office. Both male and female applicants, as a couple,
must participate in the counseling, after which judicial consent
must be given for the Clerk of court's office to issue a marriage
license. A district court judge signs the judicial consent (40-1-213).
4. The marriage of a person 15 and under is prohibited in the
State of Montana (40-1-213).
Therefore, persons under the age of 16 may not marry within the
State of Montana.
5. Proof of age shall be substantiated by a certified copy
of a birth certificate. (You may not use the hospital form with
baby footprints). We do not accept passports as a proof of
age or identification.
6. In lieu of a medical certificate, applicants for a marriage
license may file an informed consent form (available in the Clerk's
office) acknowledging receipt and understanding of written rubella
immunity information and declining rubella immunity testing. Filing
of an informed consent form will effect a waiver of the requirement
for a blood test for rubella immunity. Informed consent must be
recorded on a form provided by the department and signed by both
applicants.(40-1-203
&
40-1-206).
7. Those persons desiring to consummate a marriage by written
declaration without solemnization must secure the premarital blood
test waiver (available in the Clerk's office) for the female prior
to executing the declaration (40-1-311
through 313 & 40-1-323).
8. Any marriage by proxy may be found under Sections 40-1-301(2)
and 40-1-213(3).
Yellowstone County does not do proxy marriages.
9. Prohibited marriages are covered under Section 40-1-401.
10. If a person has been previously married, proof that the most recent marriage was legally ended must be presented at the time of application for a marriage license in the form of either a certified copy of the decree of dissolution or a certified copy of the death certificate of the former spouse. (If the marriage ended in a divorce/dissolution in Yellowstone County, we will have your decree on file.)
11. A marriage license issued to Montana residents authorizes
a marriage ceremony to be performed in the county where the license
was issued or in any county of the State of Montana; however,
the license is not transferrable out of state. 40-1-201.
12. Persons who may now solemnize a marriage include a judge of
a court of record, 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 (40-1-301)
13. No license to marry shall be issued if either of the applicants
is under the influence of intoxicating liquor or narcotic drugs
(40-1-210).
14. A license to marry becomes effective upon issuance. The marriage
license has an expiration notice of 180 days after it becomes
effective (40-1-212).
15. Effective July 1, 1997, the social security numbers of both
male and female applicants must be on the marriage license application.
16. Yellowstone County does not file or register
Common Law Marriages.
If further information is required, Please contact the Clerk of
District Court (contact information at the top of this page).
Last updated on August 22, 2008
