Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 1. MARRIAGE · Part 2. License Provisions
Montana Code Annotated

Mont. Code Ann. § 40-1-202 (2026)

License Issuance

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 1
  4. Part 2
  5. 40-1-202 License issuance

TITLE 40. FAMILY LAW

CHAPTER 1. MARRIAGE

Part 2. License Provisions

License Issuance

40-1-202. License issuance. Except as provided in 40-1-301, when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:

(1) satisfactory proof that each party to the marriage 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; and

(2) satisfactory proof that the marriage is not prohibited.

History: En. 48-306 by Sec. 6, Ch. 536, L. 1975; R.C.M. 1947, 48-306; amd. Sec. 6, Ch. 677, L. 1979; amd. Sec. 2, Ch. 493, L. 1981; amd. Sec. 10, Ch. 493, L. 2005; amd. Sec. 1, Ch. 235, L. 2007; amd. Sec. 1, Ch. 294, L. 2007; amd. Sec. 1, Ch. 43, L. 2019.

Notes of Decisions
Cited in 2 cases, 1988–2005 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
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Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “090 (2000) Montana 18 Mont. Code Ann. §§ 40-1-202 , 40-1-213 (2003) Nebraska 19 Neb.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Mont. Code Ann. § 40-1-202 (1987) Neb. Neb.”
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