State Montana Getting Married Inback to States

Who:

Montana recognizes both straight and same-sex unions.

Current Legislation:

As of November 19th, 2014, both straight and same-sex unions are recognized by the state.

FAQs:

Do I have to reside in Montana to get married there?

You do not have to be a resident of Montana to get married there.

How can I apply for a marriage license?

Both parties must appear at a Montana clerk of district court office to apply for a marriage license.

What are the fees?

The cost for a marriage license is $53.

Is there a waiting period?

There is no waiting period but the license will expire 180 days after it is issued.

What documentation do I need?

Both parties must provide proof of age when applying for a marriage license, such as a driver’s license, birth certificate or passport. If an individual has been married before, they must provide a divorce decree or death certificate.

Is a blood test required?

No, though you must complete a blood test waiver if you opt out.

Who can marry us and are witnesses required?

Judges, public officials, tribal judges and religious officials from any religious denomination, Indian tribe or native group can perform marriages. Two witnesses are required. The officiant must complete and sign the marriage license and return it to the county clerk within 30 days.

How can I change my name?

With a marriage license: Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to change it with the DMV, your employer, your bank, etc.

Any adult Montana resident can formally change their name without a marriage license, but it must be done in your county of residence. To do so, you must file a notarized copy of a Petition for Name Change with your Clerk of District Court’s office (available here). Once a hearing date is set, you will receive an Order Setting Hearing and Notice of Hearing. You must publish the Notice of Hearing for four weeks before your hearing in a local general circulation newspaper. Get proof of publication and bring with you to the scheduled hearing along with two copies of the Order for Name Change (available here) and copies of the Petition for Name Change document that you previously filed. Upon court approval, you will receive a certified copy of the order which you will use when submitting name changes to the DMV, employer, the Social Security Administration, etc.

Will my same-sex marriage be legal in other states?

Unfortunately, same-sex marriages are only recognized in the 35 states that they can legally be performed in— Alaska, Ariz., Calif., Colo., Conn., Del., Hawaii, Idaho, Ill., Ind., Iowa, Kan., Maine, Mass., Md., Minn., Mont., Nev., N.H., N.J., N.M., N.Y., N.C., Okla., Ore., Penn., R.I., S.C., Utah, Va., Vt., Wash., W.Va., Wis., Wyo., as well as Washington, D.C.

**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.