Montana Marriage Records

Persons intending to get married in Montana must be 16 years of age to get court approval for a marriage license. Those between the ages of 16 and 18 must also obtain parental consent. Marriage by proxy is also allowed under specific circumstances in the state. That goes for both the marriage license application and the wedding. For the license, if one of the parties cannot appear before the Clerk of the District Court where they are located, the one who is unable must fill in their portion of the application and sign it. The party appearing at the county office has to provide proof of age for both of them.

They may provide a valid driver’s license, birth certificate, or passport. For the ceremony, the party who cannot attend can authorize a third individual to act as a proxy, but this request needs to be in writing. If the officiant solemnizing the marriage is satisfied that the absent party cannot attend and has consented to the ceremony, they may solemnize the marriage. According to Montana law, some marriages are prohibited. These include those solemnized before the dissolution of a previous marital union of either party.

A marriage between an ancestor and a descendant or between brother and sister is also not allowed, regardless of whether the relationship is by whole or half-blood. The median length of marriages in Montana is estimated to be 22.1 years, one of the country's highest. Montana marriage records are accessible to the public. These records are maintained by the Clerk of the District Court in the county where the wedding ceremony took place. Marriage records can also be located at the Montana Department of Public Health and Human Services.

What are Marriage Records?

Montana marriage records prove that a couple was legally joined in matrimony. These records serve as proof of the marriage to employers, insurers, and other government entities. Marriage records can include details concerning the spouses' names, birth dates, and addresses. A marriage record will also detail the name of the officiant and witnesses, as well as their signatures. It will also have the marriage certificate numbers, location, and date of the ceremony.

Marriage records in Montana are required when onboarding to an employer organization, applying for spousal benefits, or filing joint income taxation. The information is significant because it allows couples to benefit from rebates or deductions available to married individuals. It is also essential when contesting property cases or proving the legitimacy of a child in an inheritance dispute.

Montana’s Freedom of Information Act laws are a series of regulations that guarantee that the public has access to public records. According to the state’s annotated code concerning the disclosure of information from vital records, information that may be released to the public without restriction is limited to certain details. That is, the parties' names, ages, places of birth, names of the spouse’s parents, identity of the officiant, location, and type of the wedding ceremony. Any other information on the record which is not authorized for disclosure is deemed confidential.

Marriages in Montana

Montana has one of the highest marriage rates in the country, with 9.9 per 1,000 residents in 2021. This is an increasing trend from 7.4 in 2010. Montana's high marriage rate can be attributed to the fact that it is one of the few states that allows for double proxy or common law marriages. It is also a popular choice for destination weddings, so some of the marriages that take place may be non-residents.

From the available data, 52 percent of those over 15 are currently married in the state. 35% have never been married, 11% are divorced, and 9% are widowed. The married population is grouped according to ethnicity:

White (non-Hispanic) – 53.45%
Asian (including Hispanic) - 47%
Mixed (including Hispanic) – 35.74%
White Hispanic – 39.24%
Black (including Hispanic) – 41.5%
Others (including Hispanic) - 45%

According to data from the Centre for Disease Control, Montana has a divorce rate of 2.0 per 1,000 residents. The median age of divorce is 50 to 54 for females and 45 to 49 for men.

Montana is one of the few states allowing marriage by proxy for the license application and the ceremony. It also accepts common law marriage, when both parties agree to be married to live together without necessarily getting a license or an official ceremony. To prove to the local courts that one is in a common law marriage, spouses must be competent in age to marry. They also have to agree they are married and present themselves as such mutually. This can be proven by filing joint taxes, consistently living in the same residence, and wearing rings.

For official marriages, licenses are required. Parties must visit the District Court Clerk in person and apply. The fee for the marriage license is $53, which may be paid in cash. Requesters will also have to provide a government-issued ID to prove their age. That may be by driver’s license or birth certificate. Previously, women had to undergo a rubella blood test before submitting their license application, which is no longer mandatory in Montana. If either of the parties was previously married, they need to provide divorce decrees for each of the marriages or a death certificate if the previous partners are deceased.

Once the license is issued, it is valid for 180 days before it becomes void. A marriage in Montana can be solemnized by a clergy, a judge of a court of record, a mayor, a tribal judge, or a notary. The license should be submitted to the wedding officiant after the ceremony so they can file it with the Clerk of the Courts within 30 days. Once the marriage license is accepted, it becomes the official certificate to confirm the union.

Montana Marriage Certificate

Marriage certificates are legally binding documentation that proves a couple is in a marital union. These are issued at the county level by the Clerk of the District Court following the wedding ceremony and filing of the license. Marriage certificates include the official details of the parties, including their names, places of birth, ages, and the officiant’s signature. It may also include the names of the spouse’s parents and the date and location of the wedding.

These certificates are maintained by the Clerk of the Courts or the vital records office in the Montana Department of Public Health and Human Services. Marriage Certificates provide an official function as they can be used as proof of a relationship when applying for insurance benefits. They can also be required when requesting a loan or getting a mortgage. This is because some lenders require a marriage certificate, mainly if it is a joint application.

Marriage certificates are also vital to individuals who have married abroad and want to sponsor their spouses for immigration. They help verify the relationship if the person is seeking permanent residency. Due to the official nature of marriage certificates, though, they are only typically accessible to the parties of the record, their legal representatives, and law enforcement personnel.

How To Find and Access Montana Marriage Records

Requesters may obtain marriage records at the county or state level in person, via mail, or online.

Finding and Accessing Montana Marriage Records in person

Marriage records are generally stored in the county where the license application was made. Visit the Clerk of the District Court's office where the marriage certificate was filed. Depending on the county, some may require one to complete a request form where the record seeker will include the details of the parties, the wedding location, and the date. They will also have to provide a valid photo ID for identity verification. The fee for record requests depends on the county, but hard copies maybe $1 a page, while a copy of the marriage license could cost $5.

One might also receive the record immediately or go through a waiting process for processing. The alternative to this is to get the records from the Department of Public Health and Human Services, Vital Records Offices. Identification and a $10 fee per request for the first five years would also be required in these cases. Each additional year will incur an extra $1.

Finding and Accessing California Marriage Records via mail

Determine the county where the marriage ceremony was held and contact the Clerk of the District’s office or visit their website. Download or initiate a request for a marriage record application form. Fill out the form and provide the required details about the parties. The requester will affix a copy of their ID to the mail request and input a return address.

Include the fee for the record request by check or money order. The same applies to the state-level request. Visit the DPHHS vital records website and download the marriage records form. Fill in the request details, enclose a copy of valid documentation, and the fee for the record. The processing times for mail requests can vary but usually take a few weeks.

Finding and Accessing Montana Marriage Records Online

Some county websites have request forms where one can fill in and order marriage records. Others may require one to email a request. In either case, provide the details of the party on the record as needed. This includes their names, birth dates, wedding locations, officiant, or witnesses. Attach a copy of your photo ID to the request and proof of a relationship to the party. Pay the fee for the request via credit card or other online options. The requester will receive the record electronically or in the mail within a week.

Counties in Montana

List of Content

What are Marriage Records?
Marriages in Montana
Montana Marriage Certificate
How To Find and Access Montana Marriage Records
1. Finding and Accessing Montana Marriage Records in person
2. Finding and Accessing Montana Marriage Records Online