Montana’s Common Law Marriage: Surprising Facts Unveiled

I have been engaged for 3 years now. My Fiance and I are clearly in no rush to deliver our wedding vows. Don't get me wrong, I want to dress up in fancy clothes and party with my closest friends and family. It is just a REALLY expensive party that we can't afford right now.

I have lived with my Fiance Katie for over 3 years now. We figured if we didn't kill each other during the pandemic lockdown in 2020, we could survive living the rest of our lives with each other. The term "common law marriage" has been brought up multiple times in conversation among the two of us. So, I decided to do a little research on Montana's definition of a "common law marriage."

READ MORE: You Can Legally Get Married in Montana Without Having to Attend Your Wedding.

We have always heard the rumor that if a man and a woman live together for longer than six months, then they are considered "common law married." That is NOT the case. The length of time living together has nothing to do with "common law marriage."

According to dphhs.mt.gov, You must have the following criteria met to be considered "common law" married:

• A common law marriage is NOT created simply because a couple live together and act as if they were married.
• The parties must INTEND to enter into marriage.
• Each individual must be old enough to marry and not married to anyone else to enter into a valid common-law marriage.
• To determine marital status, relationship documentation is needed. A marriage license, divorce decree, separation agreement, or other documentation is provided.

Even though a couple is not legally married, they can still be considered a married couple if they simply tell everyone they are married.

• Using the same last name
• Referring to each other as husband and wife when introducing each other or talking to other people
• Listing each other as spouse on health or life insurance policies, loan or credit applications, tax returns, and other documents

Even if a couple hasn't gone through the formal process of marriage, the state of Montana can still recognize you as legally married as long as you can prove you intend to get official someday.