Common Law Marriage in Montana

Montana law recognizes common law marriage.  Only a few states presently recognize common law marriages.  A Montana common law marriage will be recognized by any other state in the nation.  

The Montana Supreme Court has set out the elements for creating a valid common law marriage.  First, the parties must be competent to enter into a marriage. Second, the parties must have entered into the marital arrangement by mutual consent and agreement. And third, the parties must have confirmed their marriage by cohabitation and public repute.

Contrary to popular belief, there is no magic time period of living together after which you are  automatically assumed to be common law married.  Montana law requires the existence of all three elements of common law marriage. 

If you need "proof" of your common law marriage, contact a Matrium Law Group attorney at (406) 552-7814, or at to discuss how to properly make a Declaration of Marriage without Solemnization, which can then be filed with the Clerk of the District Court and to serve as an official record of the marriage.  

A Montana common law marriage requires a divorce to terminate the relationship.  The parties to a divorce based on common law marriage are dealt with exactly as they would be if they had a traditional marriage.  If the parties disagree whether or not they were common law married, the court will have to make a determination whether or not a common law marriage existed.  If you need a dissolution of your common law marriage, contact a Matrium Law Group attorney at (406) 552-7814, or at  

Matrium Law Group is committed to providing excellent, practical, and affordable legal counsel to our clients.  We are located in Missoula, Montana and we help individuals, families, and businesses throughout Montana.  For more information about Matrium Law Group, visit our website at