Declaration of Marriage

If you are a Montana resident and plan on having a destination wedding, you may be wondering what options you have for your marriage to be valid.  One option is by filing a written declaration of marriage with your county’s clerk of district court.  See § 40–1–311, MCA.  The written declaration serves as an official record of the marriage and …

What Exactly is Common Law Marriage?

It is a misconception that a common law marriage is created simply by two parties living together for a certain period of time (i.e., 7 years).  To the contrary, in Montana, a person seeking to establish a common law marriage must show that: That the parties are competent to enter marriage; That there was assumption of a marital relationship by …