Marriage FAQ's

1. How old do you have to be to get married?
2. How do you know if you are married?
3. What is a common law marriage?
4. Do I have to get married?
5. Can persons of the same sex marry?
6. What marriages are prohibited?
7. What obligations are owed by and between to married couples?
8. When do the obligations between married couples cease?
9. Is co-habitation a marriage?
10. How can I end a marriage?
    

1. How old do you have to be to get married?
   In the state of Montana, generally persons of the age of majority are able to obtain a license of marry. The district court can also authorize the marriage of persons as young as 16 under certain circumstances.
   

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2. How do you know if you are married?
   Here’s a good rule. If you have to ask “how do you know if you are married?” you are probably are not married.
   

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3. What is a common law marriage?
   A marriage may be established between persons of the opposite sex if they are competent to enter into a marriage, if there is mutual consent to a marital relationship, and if the persons cohabit and represent themselves in a community to be husband and wife. Whether a common law marriage actually exists may require a judicial determination. Contrary to common belief, there is no time requirement to create a common law marriage, and cohabitation alone will not create a marriage.
   

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4. Do I have to get married?
   There is no requirement at law for persons to enter a marital relationship. The law will not create a marriage where there is not mutual consent to marry.
   

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5. Can persons of the same sex marry?
   In some states, the law permits civil unions and marital arrangements between persons of the same sex. That is not the law in Montana. In Montana, marriage may exist only between a man and a woman. Marriages not permitted in Montana law will not be recognized in this state.
   Although it would not be considered a marriage, nothing in Montana law prevents persons of the same sex from sharing a name or forming a partnership.
   

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6. What marriages are prohibited?
   In addition to the prohibition against same sex marriages, marriage is also prohibited:
        - between an ancestor and a descendant
        - between a brother and a sister, whether the relationship is by the half or the whole blood
        - between first cousins
        - between an uncle and a niece or, between an aunt and a nephew, whether the relationship is by the half or the whole        blood; and
        - persons cannot marry prior to the dissolution of an earlier marriage of one of the parties.
   

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7. What obligations are owed by and between married couples?
   A husband and wife owe each other the obligation of mutual respect, fidelity, and support. Insofar as each is able, the husband and wife shall support each other out of their property and labor. "Support" includes both the monetary support and the nonmonetary support provided by each spouse.
   

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8. When do the obligations between married couples cease?
   Spouses are responsible for debts and obligations necessarily incurred for the support of the family. In addition, the education of the children from a marriage is the obligation of both the husband and wife, or either of them. However, spouses are not automatically responsible for the independent debts and obligations of the other. A married person abandoned by his or her spouse is not liable for the spouse's support until the spouse offers to return. And, a married person is not necessarily liable for support of a spouse who is living separate from him by agreement, unless such support is stipulated in the agreement.
   

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9. Is co-habitation a marriage?
   Cohabitation alone does not create a marriage.
   

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10. How can I end a marriage?
    If you are considering ending a marriage because of problems that you are experiencing, try resolving the problems first. Ending a marriage is not always the solution to problems. If, after a good faith effort to resolve problems, you remain certain the marriage is over, you can seek either a legal separation or a dissolution of marriage. In Montana, a marriage can be dissolved if the marriage is irretrievably broken and that there is no prospect reasonable prospect of reconciliation.
    

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At flatheadlaw.com, we suggest that you seek legal advice and counsel of a licensed attorney if you wish to seek, or are considering, a legal separation or a dissolution of your marriage.