Getting Married
MCA 40-1-202 — a license from the district court clerk at age 18, or 16 with a judge's approval, good for 180 days
Both parties complete and sign the application, at least one appears before the clerk of the district court, and the fee of $53 is paid. The clerk issues the license on proof that each will be 18, and that the marriage is not prohibited.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
The license is effective on issuance and expires after 180 days.
At 16 or 17. A district judge may approve the license with a parent's consent where a parent can give it, after at least two counseling sessions not less than 10 days apart, and only on a finding that the marriage serves the young person's best interests. Pregnancy alone does not establish that.
Sources for this section (3)
- MCA 40-1-202 — License issuance
- MCA 40-1-212 — Effective period of license
- MCA 40-1-213 — Judicial approval
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.