How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Family Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

what are the common law marriage laws in the state of Mont

Resolved Question:

what are the common law marriage laws in the state of Montana
Submitted: 5 years ago.
Category: Family Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. In Montana, the requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married. The current law is codified in Montana Code Annotated, Title 40, Chapter 1, "Marriage". A brief but helpful explanatory overview is provided by the State Law Library of Montana. This state is one of a minority of jurisdictions still recognizing the validity of common law marriages.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 5 years ago.
my daughter has been living with a man for a little over 9 years and now he has taken a job in another town and said he is not comming back and has sent his mother over to decide what is his and what is my daughters. they have been sharing the bills since they have been together. they have slept in the same bed all this time like they were married. can you tell me what her rights would be..
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:

 

  1. Did your daughter and this man present themselves as husband and wife openly in society (i.e. going by "Mr. and Mrs.", etc.)?
  2. Did they publicly act as if they were a "married couple" rather than a pair?
  3. Did they, in effect, say to each other "we are married"?
  4. Did they file a "Declaration of Marriage without Solemnization" with the Clerk of the District Court?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
i will ask her tomorrow and get back to you then. if I would not have known I would have thought they were married
Expert:  LawHelpNow replied 5 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

That sounds fine. Once you have a chance to supplement your information, I will be glad to comment in greater depth.

 

Take care and thanks again for choosing JustAnswer®!

Customer: replied 5 years ago.
talked to my daughter today. she works for Wal-Mart as do I on her discount card he is listed as her spouse and also is he benifishery on her life insurance as her spouse.
Expert:  LawHelpNow replied 5 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you. I will be glad to comment further, and I appreciate your taking the time to provide the additional clarification.

 

What you have provided is evidence in support of a finding of a common-law marriage. Ultimately, in Montana only a Court can officially make that determination. No one item of evidence is determinative, but at this point the best we can do is proceed as if the status of the marriage has been confirmed.

 

Turning to your question, namely concerning your daughter's rights, here is how Montana law works in that regard. A common-law marriage is a real marriage and requires a legal Dissolution of Marriage (divorce) to terminate the relationship. The most pressing need at this point is to secure temporary orders from the Court. This is in the form of a restraining order, later turned into an injunction, to maintain the status quo. This would prevent the man from disturbing your daughter's property and prevent him from having his mother come into the home and go through things.

 

The botXXXXX XXXXXne is that your daughter is in urgent need of conferring with a family law attorney just as soon as possible. The cheapest way for her to do so is through the State Bar of Montana's free, non-profit, Lawyer Referral and Information Service. She can start the confidential process by calling(NNN) NNN-NNNNMonday through Friday from 8:00 a.m. to 3:30 p.m. If she is unable to afford to meet with a private lawyer, she should contact Montana Legal Services by calling(NNN) NNN-NNNN I wish that things were simpler, but the truth of the matter is that given the attitude of her husband, your daughter is going to need judicial intervention to protect her rights and interests here.

 

I hope this information is of some additional help and that all of this works out properly for your daughter in this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click the "Accept" button. This is the only way I will get paid for my services.]

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney