Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Anyone who is legally an adult is free to get married in the U.S., although many states still restrict marriage to heterosexual couples. But states also have laws mandating how old you must be in order to get married with a parent's consent.
Regardless of your age, the first step is figuring out what county you may legally marry. If both of you are residents of Montana, you can apply in any county and marry in any county. If you both live out of state, you need to apply in the county where you want to marry.
Montana marriage age requirement laws require parties to be 16 or 17 to get married with parental consent. No one age 15 or younger may get legally married. Essentially this means minors (under the age of 18) must obtain parental consent before they may legally tie the knot. Although couples seldom get married before they reach the age of majority, it is made available primarily to allow pregnant minors to marry.
Requirements for parental consent (and the presence of a parent when obtaining a license) may be waived if the parent has abandoned the family, is out of the country, or no longer living.
In addition to obtaining parental consent in order to get married, anyone who is under 18 must also attend at least two (2) counseling sessions that are at least 10 days apart. This has to be done with a designated counselor who will then have to provide a letter that states the names of the couple, their ages, the dates of the counseling sessions, and what the counselor thinks about their possible marriage.
That's not all. A judge must sign a consent form and give to the clerk of the court in order to be issued a marriage license.
Marriage age requirement laws in the following table. See State-by-State Marriage 'Age of Consent' Laws for a comparison.
| Code Section | 40-1-213; 40-1-202 |
| Minimum Age With Parental Consent | Male: 16; Female: 16 |
| Minimum Age Without Parental Consent | Male: 18; Female: 18 |
| Added Requirements for Underage Marriage | Minors age 16 or 17 must participate in marriage counseling and must show capable of marriage. |
Note: Montana marriage laws are constantly changing--contact a Montana family law attorney or conduct your own legal research to verify the state law(s) you are researching.
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