I was married by an ordained minister but did not get a marriage license. Is the marriage valid?

Full question:

I was married by an ordained minister. There was never a marriage license pulled for this process do I need to get annulment?

• Category: Marriage
• Subcategory: Common Law Marriage
• Date: 04/07/2025
• State: Montana

Answer:

No. In Montana Common Law marriages are recognized.  This means a marriage can be recognized without a license or even a formal marriage if the conditions are meet.

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. 

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. 

In the Matter of the Estate of Ober. 62 P2d 1114, 314 Mont. 20, 2003 MT 7 (2003).