Montana Marriage License Requirements 2026: $53 Fee, No Wait

In Montana, a clerk of the district court issues your marriage license, and the fee is $53 in every county (MCA 40-1-202). There is no waiting period: the license is effective as soon as it is issued and expires after 180 days (MCA 40-1-212). Montana law also provides two routes worth knowing about: a declaration of marriage with no officiant, and proxy marriage for service members and Montana residents.

For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting a marriage license in Montana under Title 40, chapter 1 of the Montana Code Annotated (MCA), with procedures published by the Yellowstone, Missoula and Gallatin County clerks of district court. It does not cover divorce, ordering older marriage records, common-law marriage, or the rules of other states.

Where to apply for a Montana marriage license

Montana licenses come from the clerk of the district court, and each county has one. MCA 40-1-201(1) says: "Parties may not be joined in marriage within this state until a license has been obtained for that purpose from a clerk of the district court."

You do not have to apply in the county where you will marry. A Montana license authorizes a ceremony in any Montana county (MCA 40-1-201(2)). Yellowstone County puts it this way: "Montana Residents may obtain a marriage license in any county and get married in any Montana county." Missoula County adds that the license is valid only in Montana, so it will not cover a wedding across the state line.

If one of you lives outside the county where you are applying, MCA 40-1-201 lets that person complete and swear their part of the application before the authorized official in their own county and state.

Does one of you, or both, have to appear?

The statute asks less than many counties do. Under MCA 40-1-202, the clerk issues the license once both of you have signed the application and at least one of you appears before the clerk and pays the fee.

County practice can be stricter. Missoula County says: "Once the online marriage application is submitted, both parties must visit the Clerk of Court office in person to obtain their marriage license." Gallatin County also asks both of you to appear together, and says a party who cannot come must complete and sign their part of the application before the clerk of district court where they are located. Call your county clerk before you go if only one of you can make it.

Missoula and Yellowstone counties both let you start the application online, but the license itself is issued in person. We found no Montana county that issues a license fully remotely.

What to bring

MCA 40-1-203 requires each applicant to provide "a birth certificate or other satisfactory evidence of age." The application form, which the Department of Public Health and Human Services prescribes, asks for each person's name, sex, address, date and place of birth, the names and addresses of your parents or guardian, whether the two of you are related, and how and when any earlier marriage ended (date, place and court of a divorce, or a former spouse's death) (MCA 40-1-107).

County checklists add detail:

• Yellowstone County: a photo ID (driver's license, state ID or passport). You should know both of your parents' full names, their state or country of birth and their current city and state, plus the date and county and state of any earlier divorce or a former spouse's death.
• Missoula County: proof of age such as a driver's license or passport, your birthplaces and your parents' details.

The sections we reviewed contain no Montana residency requirement for an ordinary license (proxy marriage is different, see below). One more rule: the clerk may not issue a license if either applicant is under the influence of intoxicating liquor or a narcotic drug when applying (MCA 40-1-210).

How much a Montana marriage license costs

The fee is $53, set by statute. MCA 40-1-202 requires that one party has "paid the marriage license fee of $53," so the amount does not vary by county. A declaration of marriage, the no-officiant route described below, carries the same $53 filing fee (MCA 40-1-311(4)).

How you can pay is up to each county:

Yellowstone County recommends an appointment (406-256-2869), asks you to plan at least 30 minutes, and lists 4:30 p.m. as the latest start time. Missoula's office is on the second floor of the courthouse, open 8 a.m. to 5 p.m. Monday through Friday, and you complete its online application first. Gallatin County (Bozeman) charges the same $53, payable in cash or by card with no checks, issues the license the same day, and says no appointment is needed if you arrive by 4:30 p.m. Your county's page is the final word on payment methods and hours, and they can change.

Waiting period and how long the license lasts

Montana has no waiting period. MCA 40-1-212 says: "A license to marry is effective upon issuance and expires after 180 days." You can hold the ceremony the same day you get the license.

Yellowstone County describes the window as "valid for 180 days from date of issuance to ceremony." The statute does not say what happens if the 180 days run out, so if your date slips past that point, ask the clerk before the wedding how to proceed.

Age requirements

Both of you must be 18, unless a court approves the marriage of a 16- or 17-year-old. MCA 40-1-202 requires proof that each party "will have attained 18 years of age at the time the marriage license is effective or will have attained 16 years of age and has obtained judicial approval as provided in 40-1-213."

Judicial approval under MCA 40-1-213 is the only route for a 16- or 17-year-old. The district court may order the clerk to issue a license if the minor has the consent of both parents (or the parent with actual care and control) or a guardian, or has no parent capable of consenting. The court must also:

• require both parties to complete marriage counseling of at least two separate sessions, not less than 10 days apart, with a designated counselor;
• find that the underage party is capable of assuming the responsibilities of marriage; and
• find that the marriage will serve the underage party's best interests. Pregnancy alone does not establish best interests.

Yellowstone County's page shows both pieces of paperwork: a parent or legal guardian signs the marriage application, and a district court judge approves and signs it.

There is no route for anyone under 16. MCA 40-1-202 accepts only proof of age 18, or age 16 with judicial approval. For a minor's legal independence more generally, see Montana emancipation laws.

Who cannot marry in Montana

MCA 40-1-401(1) prohibits:

• a marriage entered into before an earlier marriage of either party has been dissolved;
• a marriage "between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins";
• a marriage between an uncle and a niece or an aunt and a nephew, whether by the half or the whole blood.

First cousins cannot marry in Montana.

Section 40-1-401(1)(d) still lists "a marriage between persons of the same sex" in the code text. That provision cannot be enforced: in Obergefell v. Hodges, 576 U.S. 644 (2015), the US Supreme Court held that "same-sex couples may exercise the fundamental right to marry."

The same section has two rules that matter if an impediment existed at the time of marriage. Parties who keep living together after the impediment is removed are lawfully married as of the date it was removed, and children born of a prohibited marriage are legitimate.

Blood tests

Montana does not require a blood test or any medical certificate. The sections that once did, MCA 40-1-204 through 40-1-209, now read "Repealed. Sec. 4, Ch. 43, L. 2019." The 2005 version of section 40-1-204 was titled "Contents and form of medical certificate" and referred to blood tests. None of that remains in the current code. Yellowstone County's website still hosts a 2007 premarital certificate sheet about a rubella test; the sections it relied on were repealed in 2019.

Who can officiate a wedding in Montana

MCA 40-1-301(1) lets these people solemnize a marriage:

• a judge of a court of record;
• a public official whose powers include solemnizing marriages;
• a mayor or city judge;
• a justice of the peace;
• a tribal judge;
• a notary public, under MCA 1-5-630, "subject to rules adopted by the secretary of state"; and
• anyone following a mode of solemnization recognized by a religious denomination, Indian nation or tribe, or native group.

If the person who performed the ceremony turns out not to have been qualified, the marriage still stands as long as either party believed the officiant was qualified (MCA 40-1-301).

Montana's statute does not mention online ordination, and we found no official guidance on it. Gallatin County's clerk says out-of-state clergy need not be registered in Montana and that your officiant does not need to provide credentials to the clerk's office. If your officiant was ordained online, ask the clerk of the district court how it treats that before the wedding. Section 40-1-301 also does not state a witness requirement for a solemnized ceremony. For a courthouse-style ceremony in Billings, Yellowstone County directs couples to the Justice Court (406-256-2998).

Getting married without an officiant: declaration of marriage

Montana lets a couple marry without any ceremony. MCA 40-1-311(1) says: "Persons may consummate a marriage by written declaration in this state without the solemnization provided for in 40-1-301."

The declaration is filed with the clerk of the district court in the county where you sign it. Only one of you or a lawyer licensed in Montana may prepare it, unless you use the state's standard declaration form, which each clerk of the district court must make available (MCA 40-1-312). Violating these rules is a crime punishable by a fine of not less than $300 or 6 months in a county jail, or both (MCA 40-1-313). The declaration states your names, ages and residences, the fact of your marriage, your parents' names, and that each of you is legally competent to marry. Both of you subscribe it, at least two witnesses attest it, and you acknowledge it before the clerk. The filing fee is $53 (MCA 40-1-311(4)).

Missoula County describes this route as one where "no ceremony takes place but the state legally recognizes the two individuals as married." A declaration of marriage is a formal filing with the clerk. It is not the same thing as common-law marriage, which this article does not cover; see Montana common-law marriage.

Proxy marriage in Montana

Montana permits proxy marriage, with limits. Under MCA 40-1-301(2), if a party cannot be present at the ceremony, that person may authorize a third person in writing to act as proxy. The officiant may perform the ceremony by proxy if satisfied that the absent party cannot be present and has consented. Otherwise the parties may ask the district court to authorize the proxy marriage (MCA 40-1-213(3)).

The eligibility limit is in MCA 40-1-301(4): "One party to a 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 must still appear before the clerk and pay the fee.

What about a double proxy, where neither of you is present? The statute speaks of "a party" who is absent and requires one party or a legal representative to appear. It does not expressly address a ceremony with both parties absent, either to allow or to bar it. If that is your situation, ask the clerk of the district court or a Montana lawyer before you rely on it.

After the ceremony

The officiant completes the marriage certificate form and sends it to the clerk of the district court, which registers the marriage (MCA 40-1-301(1)). If no one solemnized the marriage, a party completes and forwards the certificate.

There is a 30-day deadline. Under MCA 40-1-321, an officiant who neglects to deliver the certificate "within 30 days after having solemnized such marriage shall forfeit for such neglect a sum not less than $10 or more than $50." A clerk who fails to record it within a month of delivery faces the same penalty.

To order certified copies later, see Montana marriage and divorce records or our guide on how to get a copy of your marriage certificate. The license statutes do not cover changing your surname; for that, see name change after marriage and Montana name change laws.

Common myths about Montana marriage licenses

• "You need a blood test." Not since 2019, when Chapter 43 repealed MCA 40-1-204 through 40-1-209.
• "Both of you must go to the clerk." The statute requires only one of you to appear (MCA 40-1-202), though some counties, such as Missoula, ask for both.
• "You have to marry in the county that issued the license." A Montana license works in any Montana county (MCA 40-1-201(2)), though not outside Montana.
• "There is a waiting period." No. The license is effective on issuance (MCA 40-1-212).
• "You need an officiant to be married." A written declaration of marriage under MCA 40-1-311 is an alternative.

Disclaimer: This article provides general legal information about Montana marriage licenses under Title 40, chapter 1 of the Montana Code Annotated, verified on October 7, 2026. It is not legal advice. For your specific situation, contact the clerk of the district court in your county or a lawyer licensed in Montana.

Related

• Marriage license requirements by state
• Idaho marriage license requirements
• Montana marriage and divorce records
• Montana common-law marriage
• Montana name change laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does a marriage license cost in Montana?

$53 in every county. MCA 40-1-202 sets the fee, and Yellowstone and Missoula counties both list $53, with a processing charge added if you pay by card.

Is there a waiting period to get married in Montana?

No. MCA 40-1-212 says a license is effective upon issuance, so you can marry the day you get it.

How long is a Montana marriage license valid?

180 days from issuance (MCA 40-1-212). The license is good anywhere in Montana but not in another state.

Do both of us have to go to the clerk's office in Montana?

The statute requires at least one of you to appear and pay after both of you sign the application (MCA 40-1-202). Some counties ask more: Missoula County says both of you must visit in person.

Does Montana require a blood test to get married?

No. The sections that once required a medical certificate, MCA 40-1-204 through 40-1-209, were repealed in 2019 (Chapter 43, Laws of 2019).

Can you get married by proxy in Montana?

Yes, if one of you is a member of the US armed forces on federal active duty or a Montana resident when you apply (MCA 40-1-301(4)). The absent person must authorize the proxy in writing.

Can you marry yourselves in Montana without an officiant?

Yes. Under MCA 40-1-311 you can file a written declaration of marriage with the clerk of the district court, attested by at least two witnesses and acknowledged before the clerk. The filing fee is $53.

Can a 16-year-old get married in Montana?

Only with a district court's approval under MCA 40-1-213, which also requires parental or guardian consent (unless no parent can consent) and at least two counseling sessions. No one under 16 can marry.

Can first cousins marry in Montana?

No. MCA 40-1-401(1) prohibits marriage between first cousins.