A proxy marriage is a legal marriage ceremony where one or both parties are not physically present and instead authorize another person to act on their behalf. The term "proxy" refers to the stand-in who represents the absent party during the ceremony.
While this may sound unusual, proxy marriage has deep historical roots and serves an important practical purpose: it allows couples separated by distance, military deployment, or other circumstances to legally marry without both being in the same location.
How Proxy Marriage Works
The Legal Framework
The authority for proxy marriage in Montana is codified in Montana Code Annotated § 40-1-301, which governs the solemnization and registration of marriages. The law explicitly states that "if a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy."
This written authorization is typically accomplished through a notarized power of attorney or signed affidavit, where each party formally designates a specific individual to sign the marriage license on their behalf in front of the officiant.
Single Proxy vs. Double Proxy
Single Proxy Marriage
One party is present at the ceremony while the other is represented by a stand-in. Available in California, Colorado, Texas, and Kansas under specific circumstances (usually military-related).
Double Proxy Marriage
Only available in Montana. Neither party is physically present at the ceremony. Two separate individuals act as stand-ins, one for each member of the couple.
The Role of Remote Online Notarization (RON)
The modern proxy marriage industry has been transformed by Remote Online Notarization (RON) technology. This allows a notary to legally notarize the power of attorney documents for a person located anywhere in the world through a secure audio-visual connection. What once required finding a U.S. consular officer or traveling to a notary can now be completed in minutes from a laptop or smartphone.
Who Can Get Married by Proxy in Montana?
While Montana's proxy marriage law is unique, it's not available to just anyone. The law includes specific eligibility requirements that were added in 2007 through House Bill 361.
Eligibility Requirement (MCA § 40-1-301(4))
At least one party to a proxy marriage must be either:
- An active-duty member of the U.S. Armed Forces, or
- A resident of Montana at the time of application
Why This Requirement Exists
Prior to 2007, the law was potentially open to any two individuals globally, regardless of their connection to Montana. The legislative change was a deliberate action to prevent Montana from becoming a universal "marriage of convenience" jurisdiction while preserving the statute's utility for its intended populations.
Common Users of Proxy Marriage
Active-duty service members deployed overseas who need to marry partners in the U.S. or abroad
Montanans marrying partners who are out of state or in another country
Couples where one partner is a U.S. service member stationed abroad
People wishing to marry partners who are incarcerated in other states
The Proxy Marriage Process
The proxy marriage process in Montana is managed by specialized facilitators who handle everything from paperwork to the ceremony itself. We work closely with Armed Forces Proxy Marriages, one of the leading providers serving military members and Montana residents. Here's how the process typically works:
Application & Documentation
Complete a marriage application and provide proof of identity (driver's license, passport, or birth certificate). The qualifying party must also provide proof of military status or Montana residency.
Power of Attorney
Each party signs a notarized power of attorney designating their proxy. This can be done via Remote Online Notarization from anywhere in the world.
License Application
The facilitator appears before the Clerk of District Court to apply for the marriage license and pay the statutory fee ($53).
The Ceremony
The two proxies and an officiant execute the marriage license. The couple does not need to be present, even virtually. It's a brief, administrative affair.
Recording & Certificate
The signed marriage license is returned to the Clerk of Court for official recording. Certified copies of the marriage certificate are sent to the couple.
Is a Proxy Marriage Legal?
Recognition in the United States
Yes, a proxy marriage legally performed in Montana is recognized in all other U.S. states under the Full Faith and Credit Clause of the U.S. Constitution (Article IV, Section 1). This constitutional principle requires states to recognize the public acts, records, and judicial proceedings of every other state.
International Recognition
For a Montana marriage certificate to be accepted in a foreign country, it typically requires an Apostille — a standardized certification under the 1961 Hague Convention that authenticates the document for international use. Proxy marriage facilitators offer Apostille procurement as an additional service.
Important: Immigration Considerations
While a proxy marriage is immediately valid under state law for most civil purposes (filing joint taxes, military benefits, joint bank accounts), U.S. immigration law has an additional requirement.
The Immigration and Nationality Act (INA § 101(a)(35)) defines "spouse" to exclude individuals party to a marriage ceremony where they were not physically present, unless the marriage has been consummated.
This means couples must prove they were physically together after the ceremony date before the marriage can be used as the basis for immigration benefits like spousal visas or green cards. Evidence includes travel records, photos together, hotel receipts, and sworn affidavits.
History of Proxy Marriage in Montana
Territorial Origins
The law originated in Montana's territorial period as a practical solution for miners who migrated west to marry sweethearts in the eastern states without the perilous cross-country journey.
World War II Revival
The law's utility was rediscovered when it provided a vital mechanism for U.S. servicemen deployed overseas to marry their partners at home, gaining access to military benefits.
COVID-19 Surge
The pandemic caused an explosive increase as travel bans separated couples. Flathead County saw proxy marriages jump from 1,200 in 2019 to over 4,300 in 2021 — nearly 80% of all county marriages.
Today, the proxy marriage industry is centered in Flathead County, Montana, where specialized companies facilitate thousands of marriages annually. The combination of an archaic territorial-era law and modern Remote Online Notarization technology has created an efficient system that serves military personnel and Montana residents worldwide.
Need to Get Married by Proxy?
If you're looking to get married (not end a marriage), we recommend Armed Forces Proxy Marriages. They specialize in helping military members and eligible couples complete the proxy marriage process quickly and legally.
What If My Proxy Marriage Doesn't Work Out?
Frequently Asked Questions
Have More Questions?
Visit our comprehensive FAQ page or contact us directly for answers about proxy marriage and dissolution.
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