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Frequently Asked Questions
A proxy marriage is a legal marriage in which one or both individuals are not physically present at the marriage ceremony. Instead, an authorized representative, known as a proxy, stands in for the absent individual(s) during the solemnization of the marriage.There are two types of proxy marriages:Single proxy marriage: One party is present, while the other is represented by a proxy.
Double proxy marriage: Neither party is present; both are represented by a proxy.Proxy marriages are typically used in situations where couples cannot be in the same place such as:Military deployment or active serviceImmigration or international travel restrictionsIncarcerationSerious illness, hospitalization or other circumstances preventing travelMontana law expressly allows marriages to be solemnized by proxy when certain requirements are met.
Yes. A proxy marriage properly performed under Montana law is a legal marriage - not a symbolic ceremony or a different type of marital status.The couple receives an official marriage certificate after the marriage is completed and recorded through the appropriate Montana government office.Recognition of a marriage for a particular purpose outside Montana can depend on the laws and requirements of the jurisdiction, agency, or organization involved.
Under Montana law, § 40-1-301(4), a marriage may be solemnized by proxy when the applicable statutory requirements are satisfied.For a Montana proxy marriage, at least one person must either:be a Montana resident; orbe a member of the United States armed forces on federal active duty.
The other person does not have to be a Montana resident, a U.S. resident, a U.S. citizen, or a member of the military. And, yes, Montana law allows same-sex couples to marry by proxy, too! The parties must also otherwise be legally eligible to marry.You do not both need to be members of the military, and you do not both need to live in Montana.For example, a couple may potentially qualify when one person is a member of the U.S. armed forces on federal active duty even though neither person lives in Montana.Likewise, a couple may potentially qualify when one person is a Montana resident even though neither person is a member of the military.Not sure if you're eligible? Answer a few short questions to Check Your Eligibility or Contact Us and tell us a little about your situation. We can help you understand whether the Montana proxy marriage process may be available to you.
At MBP, we proudly serve active-duty members of the U.S. Armed Forces, regardless of where they live or are stationed, as well as Montana residents.We welcome all eligible couples, including members of the LGBTQ+ community.
We make the process as straightforward as possible.Generally, you will:1. Provide your information. You complete our intake process and provide proof of identification.2. Complete and sign the required documents. We prepare the necessary documents and provide instructions for notarization.3. We coordinate the marriage. We work with the Clerk of District Court in obtaining the Marriage License and coordinate the marriage ceremony with the officiant and proxy.4. Your marriage is solemnized. We solemnize the marriage in accordance with the applicable requirements under Montana law.5. Your marriage is recorded. The completed Marriage License is submitted for recording, and certified copies are obtained and mailed to you.We'll guide you through each step, so you know exactly what is needed and what happens next.
The typical processing time is 1 - 3 business days. However, processing times may vary depending upon your circumstances, how quickly required documents are returned, government processing, notarization, and other factors. We will provide an estimated timeline based upon your situation, but government processing times and other matters outside our control cannot be guaranteed.If you have an upcoming deployment, PCS, immigration deadline, benefits issue, or another time-sensitive circumstance, tell us when you contact us.
The documents required depend upon your circumstances, but generally you should expect to provide government-issued identification (i.e. State ID; Driver's License; Passport; or Military ID) and the personal information necessary to complete the Montana Marriage Application.Additionally, for online notarization, a Social Security Number is required for U.S. citizens. Foreign nationals require a valid foreign passport for online notarization at an additional fee.
A marriage legally entered into in Montana may be recognized outside Montana, but recognition can depend upon the law of the jurisdiction and the particular purpose for which recognition is sought.Because laws and administrative requirements can vary, Marriages By Proxy does not guarantee acceptance by every state, foreign country, government agency, employer, insurer, or other organization.If recognition for a specific legal purpose is critical to you, you should confirm the requirements of the relevant jurisdiction or agency.
For eligible couples, the biggest benefit of a proxy marriage is that it provides a legal marriage without requiring both people to be physically present for the ceremony. That can be especially valuable for military couples, couples living in different states or countries, or anyone facing travel or scheduling barriers.Convenience - Couples can marry without coordinating travel or appearing together for an in-person ceremony.Speed - A proxy marriage can often be completed much faster than arranging a traditional wedding, particularly when time matters.Lower cost - It can eliminate or substantially reduce travel, lodging, ceremony, and wedding-related expenses.Marriage from a distance - Particularly useful when deployment, work, immigration circumstances, or other obligations keep a couple apart.Legal marital status - Once validly completed, the couple is legally married rather than receiving a lesser or different type of relationship status.Access to marital benefits - Depending on the couple's circumstances and applicable law, marriage can affect military benefits, health insurance, taxes, inheritance, immigration, survivor benefits, and other legal or financial rights.Privacy and simplicity - Couples who don't want a traditional wedding can complete the legal marriage with minimal ceremony and logistical hassle.
A legal marriage certificate can be used as evidence of marriage when applying for benefits, but MBP cannot determine or guarantee eligibility for military benefits.DEERS enrollment, BAH, TRICARE, dependent status, and other military benefits are administered under the applicable military and federal requirements.
Proxy marriages can raise additional issues under U.S. immigration law.A marriage that is valid under Montana law does not automatically establish that every requirement of federal immigration law has been satisfied. Immigration law may impose additional requirements depending upon the circumstances.If you intend to use your marriage for a visa, adjustment of status, citizenship, or another immigration matter, we recommend consulting a qualified immigration attorney about your specific situation.
Getting married should not have to be complicated simply because distance, military service, illness, hospitalization, or other circumstances prevent you from being in the same place.MBP is designed to make the Montana proxy marriage process straightforward. We coordinate the documents, people, and steps involved so you can focus on the reason you're doing this in the first place - each other.
Benefits
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