Common Law Marriage/ Declaration of Marriage

If you feel you are in a Common Law Marriage, read the information on the Law Library of Montana website.

 

Per the last paragraph of the information, you may choose to make a Declaration of Marriage without Solemnization according to MCA 40-1-311 and file it at the District Court Clerk’s Office.

 

The fee for a Declaration of Marriage is $53.00 and may be paid by cash or with a credit/debit card. Checks are not accepted. Please complete the ONLINE Declaration of Marriage Application before visiting the Clerk's Office. 

 

The parties and their two witnesses must sign the Declaration in front of the Clerk or a deputy. Both parties must be present and each must show a valid driver's license issued by any state. A valid passport, birth certificate, or state issued identification card can be used in place of a driver's license.