Montana Marriage Laws | § 40-1-213 | Judicial Approval. Marriage Laws

Montana Code Annotated 40-1-213

Judicial approval.

(1) The district court may order the clerk of the district court to issue a marriage license and a marriage certificate form to a party 16 or 17 years of age who has no parent capable of consenting to the party's marriage or has the consent of both parents or of the parent having the actual care, parenting authority, and control to the party's marriage, if capable of giving consent, or of the party's guardian. The court must require both parties to participate in a period of marriage counseling involving at least two separate counseling sessions not less than 10 days apart with a designated counselor as a condition of the order for issuance of a marriage license and a marriage certificate form under this section. (2) A marriage license and a marriage certificate form may be issued under this section only if the court finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will serve the party's best interests. Pregnancy alone does not establish that the best interests of the party will be served. (3) The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.

En. 48-308 by Sec. 8, Ch. 536, L. 1975; R.C.M. 1947, 48-308; amd. Sec. 1, Ch. 183, L. 1979; amd. Sec. 3, Ch. 343, L. 1997.

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More Montana Marriage Laws

§ 40-1-301 Solemnization and registration.
§ 40-1-105 Application of Montana Rules of Civil Procedure.
§ 40-1-107 Form of application, license, marriage certificate, and consent.
§ 40-1-213 Judicial approval.
§ 40-1-210 No license to be issued when applicants under influence of liquor or drug.
§ 40-1-321 Registration of marriage.
§ 40-1-401 Prohibited marriages -- contracts.
§ 40-1-402 Declaration of invalidity.
§ 40-1-104 Application.
§ 40-1-101 Purposes.
§ 40-1-102 Uniformity of application and construction.
§ 40-1-103 Formalities.
§ 40-1-106 Parts of code not applicable.
§ 40-1-201 License application.
§ 40-1-202 License issuance
§ 40-1-203 Proof of age.
§ 40-1-212 Effective period of license.
§ 40-1-311 Declaration of marriage without solemnization.
§ 40-1-312 Persons who may prepare declaration of marriage.
§ 40-1-313 Penalty.
§ 40-1-322 Certificate and copy presumptive evidence.
§ 40-1-323 Proof of solemnized marriage when no record.
§ 40-1-324 Declaration to be acknowledged and recorded.
§ 40-1-403 Validity of common-law marriage.
§ 40-1-404 Putative spouse.