Double Proxy Marriage is Legal in Montana
Montana is the only state that allows a double proxy marriage with neither party being present. Montana requires that only one of you has to be active duty military or a resident of Montana. It does not matter which of you qualifies, it will qualify you as a couple to marry by double proxy.
Your very affordable Montana proxy marriage cost is $499.
We assist the couple to obtain a marriage license in Montana by properly completing all forms, retaining an attorney as a legal representative, submitting necessary forms to the Clerk of Court on their behalf to obtain a marriage license. We pay all fees associated with obtaining and registering the marriage license, provide a proxy to exchange vows and sign the Montana marriage license in front of the Officiant (a non-denominational minister or a notary) to solemnize the marriage.
The Officiant also signs the marriage license and certificate, which is then filed with the Clerk of Court to register the marriage. The date of marriage is the date signed by the Proxies and Officiant. It is a legal and binding marriage as of that date. Double proxy marriage is approved in Montana pursuant to Mont. Code Ann. § 40-1-301.
That depends on how and when you submit your required paperwork with signatures and required notary stamps, the day of the week, as weekends and holidays affect when the Clerk of Court office is open.
Generally, 3-5 business days after we receive your properly completed forms and proof of ID. It can be quicker, as soon as 1-2 days after we receive your paperwork and ID, if not received on a weekend or holiday, everything is submitted and properly signed, and you use an online virtual notary service. After the Clerk of Court’s office has processed your paperwork and issues the license, we can perform the ceremony the same day. The marriage is valid as of that date. The marriage license must be registered with the Clerk of Court, thereafter we will email a certified copy of the marriage license. If you need expedited service, please let us know so we can do our best to meet your specific request. If the Clerk of Court’s office is busy or has technical issues, which can happen, or weekends and/or holidays are involved, it may add a couple of days for them to the processing of paperwork with the Clerk of Court.
Yes, so long as one party is a U.S. Citizen and either active duty military or a Montana resident. Note that, if one party is a foreign national, it is usually necessary to obtain a form called an Apostille, which is a form of authentication, after the proxy marriage is registered with the Clerk of Court. This is for the foreign national to be able to prove the Marriage Certificate is valid in other countries, and for some purposes in the U.S. If an Apostille is needed, we can obtain it from the Montana Secretary of State for you. There is an additional fee for obtaining the Apostille.
A foreign national who intends to apply for a U.S. Visa must comply with all U.S. rules and regulations that govern immigration. We recommend you consult with an attorney who specializes in immigration law, as no immigration legal advice is provided by Always Proxy Marriage or Johnson-Gilchrist Law Firm, P.C. Information sources include the U.S. Citizen and Immigration Services website for immigration policies and notarization.
Yes. A proxy marriage is as legal, valid, and binding as any other marriage, and is recognized in all 50 states, U.S. territories, and most countries.
USCIS (US Citizenship and Immigration Services) will recognize a proxy marriage as a valid marriage, however USCIS will not recognize it for immigration purposes until the marriage is consumated after the marriage has been solemnized by the approved Montana procedure, and registered with the Clerk of Court. Please consult an immigration attorney of your choice regarding immigration requirements.
Yes. LGBTQ couples can be married by double proxy marriage. Montana has permitted same sex marriages since 2015 when the same sex marriage ban was declared to be unconstitutional. Always Proxy Marriage is proud to offer proxy marriage services to all couples, regardless of race, religion, or sexual orientation so long as one party is active duty military or a Montana resident.
Each party must provide valid government issued photo ID, which is a Drivers License, Passport, or Military ID. A social security number for U.S. citizens is also required.
Let us know if there is a special event, special day, or date for sentimental reasons, deployment, family, or other reasons, and we will work with you to meet your specific needs.
It is a certification of your marriage license by the State of Montana obtained after the marriage license is registered with the Clerk of Court. The most common need for an Apostille for a marriage license is when a foreign national spouse wants proof of the marriage to register the marriage in his or her country, or for proof of the marriage for seeking immigration. It will take a few extra days to obtain the Apostille from the Montana Secretary of State after the Marriage License is registered with the Clerk of Court. We take care of that for you.
The date of marriage is the date the marriage is solemnized (the date the Marriage License is signed by the officiant and the proxies). It is not the date the marriage license is registered, or the date the Apostille is issued. You can later have a marriage ceremony in person if you wish to do so, but the date of your marriage will continue to be the date the proxy marriage was solemnized.
Often parties who are choosing a destination wedding will marry by proxy before the destination wedding for convenience, or to not have to deal with wedding laws of various states or countries.
After you are married by proxy, you are legally married. It is a valid and binding marriage. If you do not want to be married at a later date, you must comply with the laws of the state of residence of either spouse to dissolve, annul, or declare the marriage invalid. Unless you are a resident of Montana, Montana law will not apply to dissolving your marriage. You will need to consult with an attorney in your state of residence.
Neither Always Proxy Marriage nor the attorney who assisted you in obtaining your marriage license will render services nor provide legal advice dissolving, annuling, or otherwise voiding your marriage, nor legal advice or services relative to immigration issues.
The two of you can certainly have a prenuptial agreement. You will need to have that prepared and signed according to the laws of either of your states of residence.
Your residence is the state and address of your residence you claim as your home you will return to while in the military, not your base post, and not an APO address. If you claim to be a Montana resident, it is the address you claim as your residence in Montana. It is usually the state in which you will be responsible to file state income taxes.
Yes. This is also needed for the notary to prove U.S. resident status.
This is called the Officiant who must observe the two Proxies who stand in on your behalf to exchange vows and sign the marriage license. The Officiant also signs the license, and we submit the mariage license to the Clerk of Court to register your marriage. We provide a non-denominational minister to be the Officiant.
If you prefer no minister, we can provide a Montana Notary Public to stand in for the Minister to perform the same function. Both are recognized to be Officiants in Montana.
Once the marriage license has been issued, the Officiant and Proxies complete the marriage ceremony on your behalf and sign the marriage license. It is then filed with the Clerk of Court to register the marriage. The Clerk of Court’s office makes two certified copies which are emailed to you. The Clerk of Court’s office retains the original to microfilm for permanent record. The process usually takes 2-3 business days. After the certified marriage license is registered by the Clerk of Court, we pick it up and promptly email you a copy to assure you have your marriage license right away.
Your Affidavit must be signed and notarized. If you are a U.S. Citizen, and physically present in the U.S., there are many resources available to notarize your Affidavit for free or there may be a small fee. These include your military base, bank, title company, and other notary offices. If you are not physically present in the U.S., and you are in the military, your military base usually has a notary you can use. If these sources are not available to you or convenient for you, you can do an online virtual notary, who charges a fee.
For any notary service, in person or virtual, you will need to be at least 18 years old, a valid email address, have a U.S. Social Security Number (SSN), a valid U.S. address, and a valid, not expired, U.S. Government approved issued photo ID, which may be one or more of the following: a Driver’s License, Passport, State ID card, Passport Card, Work Permit, Permanent Resident Card. For an online virtual notary, you must also generally have at least 6 months of credit history for the system to generate information for identification purposes. You will also need a computer device with audio and camera access. There may be additional requirements you need to verify with the online notary service provider you choose. If you are not a U.S. citizen there is another option for foreign nationals. Please ask for more information.
You can schedule your own online notary. There are several that are currently listed as approved in Montana, which include:
The forms you submit to us require your original signature, so you will need to print them out and sign them. The Always LLC Contract, the Limited Attorney-Client Engagement Agreement, and both spouses’ Affidavits all require original signatures. The Affidavits for each spouse are required to be both signed and notarized. Most military bases have a notary if you are active-duty military. After signature and notarization, all forms may be scanned and emailed to Always Proxy Marriage or a clear photo large enough for print can be acceptable. We strongly suggest you keep all original documents for your records.
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Always Proxy Marriage, is here to handle the marriage process for you. We make the entire process easy to understand and we have 24/7 service to answer your questions.