Clerk of District Court
Marriage Licenses
Marriage licenses are obtained from the Clerk of District Court at 228 Broadway, Helena. Once issued, the license can be used immediately or up to 180 days after the date of issue. The license may be obtained in any county within the state of Montana, and the ceremony can take place in any county within Montana. Within 30 days after the ceremony, the license must be returned to the Clerk's office that issued the license in order to be registered with the State. The couple will then receive two certified copies of the license for name change and legal purposes.
What Do You Need?
- $53 Cash, Visa or Mastercard (There is a $2.33 processing fee for cards)
- Valid picture identification (driver's license, passport)
- Birth Information including City, County, State or Foreign Country
- Social Security Number
- Fathers' first, middle, and last name, current residence, and birth state
- Mothers' first, middle, and maiden name, current residence, and birth state.
- Any information regarding previous marriages including date, county, and state of dissolution or death of spouse
- Must be at least 18 years of age OR:
- Parental Consent--Parent or legal guardians must sign Marriage Application and the signatures must be notarized.
- Counseling--Proof of two counseling sessions, not less than ten days apart.
- Judicial Approval--A District Court Judge must approve and sign Marriage Application. The Judge may require a conference with applicants and guardian(s).
Who Can Legally Perform Your Marriage Ceremony?
Marriage License Applications and Declarations of Marriage are processed between
8:00 a.m. and 4:30 p.m.
If you would like a judge to perform your ceremony, please contact
Justice Court at 447-8201 or Municipal Court at 447-8466
Declaration of Marriage
IS IT LEGAL? Once a Declaration of Marriage is filed with the Clerk of District Court, the couple is recognized as being legally married. Montana Code Annotated 40-1-312
HOW TO APPLY.The application process is the same as the application for a marriage license.
COST? $53.00, the same as a marriage license.
HOW TO PREPARE YOUR DECLARATION OF MARRIAGE
You have the option to prepare your own Declaration (typed or handwritten) or you can use the Declaration of Marriage form. Your Declaration of Marriage must be one-sided and must include the following information for both the bride and groom:
- Full Names
- Current Age
- City and State of Residence
- Fathers' first, middle, and last name, and city and state of current residence
- Mothers' first, middle, and maiden name, and city and state of current residence
- The date you are declaring your marriage
- A statement that both parties are legally competent to enter into the marriage contract
- Signature lines for the bride, groom, and two witnesses (not to be signed until instructed by the Clerk)
Marriage by Proxy / Double Proxy
Solemnization And Registration
(1) If a party (or both parties) 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.
(2) 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.
(3) One party to a proxy (both parties for a double 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.
History: En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec. 9, Ch. 33, L. 1977; R.C.M. 1947, 48-309(1), (2), (4); amd. Sec. 1, Ch. 247, L. 1979; amd. Sec. 3, Ch. 348, L. 1985; amd. Sec. 2, Ch. 235, L. 2007.
Montana Code Annotated Title 40, Chapter 1