Clerk of District Court
Adoptions, whether adopting a non-biological child or a step-child, require District Court hearings. Documents must be filed with the Clerk of District Courts office located in the Glacier County Courthouse in order to make the matter legal.
The Clerk’s office does not have templates to assist you in filing the proper documents. However, the State Law Library’s website does contain documents for Step-Parent Adoptions at http://courts.mt.gov/library/topic/adoption.mcpx.
The filing fee for an adoption is $105. Once the matter is finalized, a certificate of adoption is sent via the Clerk’s office to the state in order to obtain a new birth certificate if the adoptee was born in Montana. The filing fee for this certificate is $25, payable at the time the adoption decree is signed.
You can go to http://courts.mt.gov/library/topic/domestic.mcpx and use the interactive site to complete your Petition requesting an Order of Protection or if you would like to obtain an attorney, please refer to the State Bar Lawyer Referral Service or by calling 406-449-6577.
There is no fee to file for an Order of Protection. If granted, the Court will issue a Temporary Order of Protection that will need to be served upon the Respondent by a Sheriff’s Deputy. A Court date will be scheduled within 20 days. The Petitioner and the Respondent both have the right to testify at the hearing. The Judge will then determine if the Order of Protection should continue and for what duration.
Both the Petitioner and the Respondent have the right to hire an attorney; however, it is not required.
However, in a few instances, we do offer templates that you may use to file a divorce proceeding as Pro Se (without an attorney).
The following packets are available at the Clerk of District Court’s office for $10 or they may be downloaded at no cost from the State Law Library or the State Bar Association:
— Uncontested Dissolution of Marriage without children and no real property
— Summary Dissolution of Marriage without children
— Summary Dissolution of Marriage with children
The cost is $245 to open a divorce proceeding ($200 filling fee plus a judgment entry fee of $45) payable in cash, check or money order payable to the Clerk of Court.
If you are unable to pay the fees, you can file an Affidavit of Inability to Pay, which is also available in our office. It must be approved by a District Court Judge before you will be allowed to file for dissolution.
The wills are only available to the named representative or to the original person through a motion and order by a District Court Judge. The Judge would need to see proof of identity and/or a death certificate to release the will.
It must be approved by a District Court Judge before your fees will be waived.
The form is available at the Clerk of District Court’s office
The Clerk of District Court’s office does not have templates for guardianship cases. However, you may download documents at http://courts.mt.gov/library/topic/guardian.mcpx. Once the documents are filled out, they are brought to the Clerk of District Court’s office, located in the Glacier County Courthouse, to be filed.
The filing fee for a guardianship case is $100. In addition to using the templates provided through the state’s law library, a person may request to look at public guardianship cases to see the proper filing order and to note any additional documents that are required.
It is advisable to have an attorney assist in filing a guardianship case. However, a person may do so Pro Se (without an attorney) if they:
–know the proper deadlines for filing documents after the initial documents;
–have the means to create the proper documents; and
–know the proper recipients.
After the marriage ceremony, the person who performed the ceremony must return the license to the Clerk’s office within 30 days for completion. Once it is returned to the couple, the license can be used as proof of name change with Social Security and in changing the name on a driver’s license.
What to Bring to Obtain a Marriage License
(see below for additional requirements if under 18)
~ Both parties must appear.
~ Each must show a valid driver’s license issued by any state. A valid passport or birth certificate can be used in place of a driver’s license.
~ As of October 1, 2007, a rubella blood test is no longer required for females between the ages of 18 and 50. The parties may sign an Informed Consent/Waiver of Requirement of Blood Test form. This form is available at the Clerk of District Court’s Office or online at the MT Dept. of Public Health & Human Services website. If you obtain the form from a source other than the Clerk of District Court, please bring the form with you when applying for your marriage license. If a female is over the age of 50, no waiver is required.
~ If either party was previously married, the full name of the ex-spouse as well as the exact date of the divorce or death must be written on the application. The dissolution decree or death certificate are not required as proof.
Cost: The fee for a marriage license is $53.00.
Checks and cash are accepted, debit cards and credit cards are not accepted.
A Montana marriage can be solemnized by:
— Clergy (out-of-state clergy need not be registered in Montana)
— Judge (or retired judge) of a court of record
— Public official whose powers include solemnization of marriages
— Mayor, City Judge, Justice of the Peace
— Tribal Judge
Marriage Licenses for Those Aged 16-18
A person must be at least 16 to marry in Montana.
Follow above requirements with the following additions:
~ Obtain parental permission (they will sign the application form from Clerk’s office, not the online form)
~ Show proof of couple attending two counseling sessions prior to filling out application
~ Obtain Judicial approval
~ Contact Clerk’s office to get proper paperwork and more specific instructions.
Obtaining a Copy of Your Marriage License
Copies are available at the Clerk of District Court’s office.
Cost: regular copy – $5.00
certified copy for official use – $7.00
How to Obtain In Person or In Writing:
> Include a self-addressed, stamped envelope if request is in writing
> Provide your full names and maiden name(s).
> Provide date of marriage
> Request regular or certified copy
> Provide appropriate fee – can be cash, check or money order made payable to Clerk of Court.
http://courts.mt.gov/library/topic/common_law_marriage.mcpx
Per the last paragraph of the information, you may choose to make a Declaration of Marriage without Solemnization according to MCA 40-1-311 and file it at the District Court Clerk’s Office.
The fee for a Declaration of Marriage is $53.00. Checks and cash accepted, debit cards, and credit cards are not accepted. The Montana Marriage Application will need to be filled out, along with a Rubella Waiver and the Parties must provide a Declaration that complies with the requirements of MCA 40-1-311.
The Parties and their two witnesses must sign the Declaration in front of the Clerk or a Deputy. Both parties must be present and each must show a valid driver’s license issued by any state. A valid passport, birth certificate, or state issued identification card can be used in place of a driver’s license.
A sample Declaration can be purchased in the Clerk of District Court’s office for $2.00.
Persons may come to the Clerk’s office to conduct their own research or they may request the Clerk’s office to perform the research. The name of the individual and the time period to search is required along with a search fee of $2.00 per year per name for the first seven years, and then $1.00 per year per name thereafter.
If photocopies are requested, there is a fee of $1.00 per page for the first ten pages and then $.50 per page thereafter.
The Clerk’s office does not have templates available for filing civil lawsuits. However, if you wish to proceed Pro Se (without an attorney) you may come to our office to look at other civil files which will help you in determining which documents to file. It will be up to you to know the proper filing methods and the time line for filing each type of pleading.
The Clerk’s office is not allowed to provide assistance in filing any type of case because we are not licensed attorneys.
However, in a few instances, people may file an action as Pro Se (without an attorney), granting that they:
–know the proper deadlines for filing documents after the initial documents;
–have the means to create the proper documents;
–know the proper recipients.
The Clerk’s office does not have templates for probate cases. A person may download documents for an Informal Probate with or without a will from the State Law Library of Montana. (Templates for formal probate cases do not exist. Therefore, it is best to contact an attorney) Once these documents are filled out, they are brought to the Clerk of District Court’s office to be filed. The filing fee for a probate case (formal or informal) is $100. In addition to using the templates provided through the state’s law library, a person may request to look at public informal probate cases to see the proper filing order and to note any additional documents that are required.
If the estate amounts to less than $50,000, a document titled Affidavit for Collection of Personal Property of the Decedent is available at the State’s Law Library website or at our office for $1.00. It is recommended that you check with an attorney to see if this document is applicable to your situation.
For general information regarding probate, click on Probate in Montana.
