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Declaration of Marriage

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Parties who do not wish to be married by solemnization (a ceremony performed by a judge, religious official or other officiant) may prepare and file a Declaration of Marriage with the Clerk of District Court office and be recognized as being legally married.  Parties must complete the same application process as they would for a Marriage License and are encouraged to schedule an appointment.

Declaration of Marriage Process

  • Use the online marriage application system to complete the application prior to visiting the Clerk of Court office.
  • Parties may complete the Declaration of Marriage form prescribed by Montana Vital Records or may prepare the declaration of marriage themselves following the Requirements for the Declaration of Marriage below. 
  • Your original declaration of marriage will remain on file with the Clerk of Court office. 
  • If you would like a duplicate original for your records, you may prepare a second declaration of marriage to bring with you for our office to conform. 
  • Both parties must appear in person to sign and file the declaration of marriage and are encouraged to schedule an appointment.
  • Proof of age, such as a driver's license or passport, is required.
  • Parties may bring their own witnesses or Clerk of Court staff may act as witnesses.
  • Call (406) 258-4780 or email clerkofcourt@missoulacounty.us to schedule and appointment.

Appointment

  • Upon arrival at the courthouse, call (406) 258-4780 from outside the clerk's office, while maintaining a 6 feet distance from others.
  • Maintain physical distance of 6 feet in the customer service area. Tape markings on the floor provide accurate 6 feet distances.
  • A mask or face covering is required for customers age five and older Disposable masks are available upon request.
  • Hand sanitizer will be available for customers.
  • Staff will wipe down counters, pens, glass barriers and other items between customers.

Cost

  • The cost for filing a declaration of marriage is $53, payable by cash, money order, debit or credit card (Visa or MasterCard).
  • Personal checks not accepted.
  • If paying by credit or debit card 1.995% plus a $1.25 processing fee will be added to your transaction.

Requirements for the Declaration of Marriage (Prepared by the parties)

  • The Declaration of Marriage may be handwritten or typed.
  • The Declaration must be one-sided, on 8 1/2 x 11 paper and include the following information for both the bride and groom:
    • Full Name
    • Current Age
    • City and State of Residence
    • Father's First, Middle and Last Name and City and State of Residence
    • Mother's First, Middle and Last Name and City and State of Residence
    • The date the parties are declaring they were married (may be a date in the past but cannot be a date in the future).
    • A statement that both parties are legally competent to enter into the marriage contract.
    • Signature lines for the bride, groom and two witnesses (not to be signed until instructed by the Clerk). 
    • Parties may bring their own witnesses or Clerk of Court staff may act as witnesses.
    • Leave a  2" x 2" blank space near the bottom left corner of the Declaration for the Court seal and two paces for official use. One space is for the notary, and the other space is for the Clerk to file the Declaration. Below is an example:

 

SUBSCRIBED AND SWORN TO BEFORE ME                             FILED THIS            DAY OF

THIS            DAY OF                          , 20     .                                                                                  20    .

SHIRLEY E. FAUST, CLERK                                                          SHIRLEY E. FAUST, CLERK

BY:                                      .                                                            BY:                                                   ,

         DEPUTY                                                                                           DEPUTY