I was married by an ordained minister but did not get a marriage license. Is the marriage valid?
Code section 40-1-403 of the Montana Statutes clearly states common law marriage are valid.
40-1-403. Validity of common-law marriage. Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313, 40-1-323, and 40-1-324 are not invalidated by this chapter.
There are three requirements for a common law marriage to be recognized in Montana according to the Supreme Court of Montana.
In the Matter of the Estate of Ober. 62 P2d 1114, 314 Mont. 20, 2003 MT 7 (2003).
However, in order to establish a common-law marriage, the party asserting the existence of the common-law marriage must prove that:
(1) the parties were competent to enter into a marriage;
(2) the parties assumed a marital relationship by mutual consent and agreement; and
(3) the parties confirmed their marriage by cohabitation and public repute.