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  #1  
Old 02-26-2005, 12:31 AM
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Join Date: Feb 2005
Posts: 4
Question

Is this legal?? (Montana)


Hi,
I am writing a book and am stuck on a few legal matters!
Basically I need to know if 2 strangers can get married on a whim.
There would be an online company that offers double proxy marriages via the internet. Located in Montana.
Can two people sign faxed copies of marriage license as well as contracts with this company and fax them back. I read there was no waiting time for a marriage license in Montana. Could they also sign their marriage certificate ahead of time by fax as well?
And then the marriage be completed at a later date where they will be informed of their marriage after it takes place.
Also the female needs a blood test. Can her dr fax this information to the online company?
Any help would be greatly appreciated!
  #2  
Old 02-26-2005, 08:14 AM
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Join Date: Dec 2004
Posts: 950
Quote:
Originally Posted by CastleWriter
Hi,
I am writing a book and am stuck on a few legal matters!
Basically I need to know if 2 strangers can get married on a whim.
There would be an online company that offers double proxy marriages via the internet. Located in Montana.
Can two people sign faxed copies of marriage license as well as contracts with this company and fax them back. I read there was no waiting time for a marriage license in Montana. Could they also sign their marriage certificate ahead of time by fax as well?
And then the marriage be completed at a later date where they will be informed of their marriage after it takes place.
Also the female needs a blood test. Can her dr fax this information to the online company?
Any help would be greatly appreciated!
If you wanted two strangers to get married out on the whim wouldn't it be easier just to have them elope and go the Los Vagas or something.
  #3  
Old 02-26-2005, 08:31 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by CastleWriter
Hi,
I am writing a book and am stuck on a few legal matters!
Basically I need to know if 2 strangers can get married on a whim.
There would be an online company that offers double proxy marriages via the internet. Located in Montana.
Can two people sign faxed copies of marriage license as well as contracts with this company and fax them back. I read there was no waiting time for a marriage license in Montana. Could they also sign their marriage certificate ahead of time by fax as well?
And then the marriage be completed at a later date where they will be informed of their marriage after it takes place.
Also the female needs a blood test. Can her dr fax this information to the online company?
Any help would be greatly appreciated!
Here is an article on proxy marriage in MT, please direct your quesitons to the Bar Association there.
The Montana Lawyer magazine
August 2004

Law & The Military
Proxy weddings being requested in wartime
Montana alone allows double proxies

A Virginia woman has married a U.S. soldier in Iraq by holding a wedding ceremony in Montana, and neither of them were there.
This is known as a double proxy marriage, which is legal only in Montana. Two other states, Texas and Colorado, allow single proxy marriages, requiring that either the bride or groom be physically present. Proxy weddings apply not only to servicemembers, but military couples most often use them when one is on overseas assignment.
The couple has paid a $750 upfront fee to a Pennsylvania company and an unnamed Montana attorney to arrange the Montana wedding, according to a military news organization. PDAC Inc., a Pennsylvania company owned by Sam and Barbara Geller, sent forms to the couple, including an affidavit giving permission for someone else to stand in at the ceremony. In addition, couples were required to provide a copy of identification with proof of age. The Montana attorney then hired a couple to stand in at the civil ceremony.
Traveling from Virginia to Colorado or Texas for a single-proxy wedding was too expensive for the bride, Sam Geller said, so they chose Montana where neither had to show up.
The Gellers and their attorney have imposed restrictions, the military magazine article said. The couple must have met each other in person and know each other. PDAC won’t handle Internet relations, nor the marriage of someone who is not a U.S. citizen, which would involve immigration issues.
Montana Code Annotated 40-1-301 (2) reads:

If a party to a marriage is unable to be present at the solemnization, he may authorize in writing a third person to act as his proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, he may solmenize the marriage by proxy. If he is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnize by proxy.

“We’ve had two cases where we referred a volunteer attorney for the (State Bar of Montana’s) Legal Assistance to Military Personnel program to people who want to take advantage of this law and where one of the parties involved included a soldier in Iraq,” said Marie Connolly, coordinator of the State Bar’s Lawyer Referral & Information Service (LRIS). Late in June she also got a call from a non-military couple who was interested in a proxy marriage.
Those interested in checking into a proxy marriage can call Ms. Connolly at (406) 449-6577.

The State Bar of Montana
P.O. Box 577
Helena, MT 59624
406.442.7660
Fax 406.442.7763
[email]mailbox@montanabar.org[/email]
  #4  
Old 02-26-2005, 11:34 PM
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Join Date: Feb 2005
Posts: 4
I did contact the bar association.. They never answered me..
As far as eloping. They don't know each other to get together to elope..
  #5  
Old 02-27-2005, 08:16 AM
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Join Date: May 2002
Posts: 29,675
Then WTF are they getting married? You don't really expect this book to get published, do you?
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  #6  
Old 02-27-2005, 08:43 AM
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Join Date: Jul 2004
Posts: 17,799
If you read to article and statute you would have your answer. The closest to what you discribe are the arranged mass marriages of Rev. Sun Myung Moon, of the Unification Church, although this process takes some time and amount of devotion and certainly are not proxy marriages.

For a double-proxy marriage to occur in MT requires both parties to agree and consent to it, how could they do that if they didn't know each other first, you are combining arranged and proxy marriage together in a way contrary to the rule of law. Even the LDS/Mormons who preform marriages and baptisms post mortum, there is still some connection between the persons and these marriages carry no legal weight.

I think you need a different plot.
  #7  
Old 02-27-2005, 10:57 AM
AHA AHA is offline
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Join Date: Mar 2004
Posts: 4,258
Why would 2 strangers want to marry each other??? Don't tell me, it's about a Green Card I'm sure. Tell them, that if they don't even know each other enough to want to meet, then they have the totally wrong view on marriage and should avoid it at all costs.
I am astounded, how are they supposed to have a marriage when they don't even WANT to meet for the flippin wedding??????????? Reality check is strongly advised.
  #8  
Old 02-27-2005, 12:04 PM
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Join Date: May 2002
Posts: 29,675
AHA - you realize that this is for a book, right? Not a real situation?
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
  #9  
Old 02-27-2005, 12:11 PM
AHA AHA is offline
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Join Date: Mar 2004
Posts: 4,258
Quote:
Originally Posted by stealth2
AHA - you realize that this is for a book, right? Not a real situation?

Why not write a book about something reasonably intelligent instead of about something that will be of no use to anyone. People have waaaaay to much time on their hands now a days.
  #10  
Old 02-28-2005, 02:11 AM
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Join Date: Feb 2005
Posts: 4
There is a very good reason for writing this. And it IS of importance to people. It is called Fiction it sells tons of books everyday!
People marry by mail order brides all the time, yet my idea is completely outlandish?!
It's the same thing! They are just put together by someone else rather than flipping through a Catalog! And they have very good reasons for wanting to get married in the first place.
So yes I DO expect this book to get published and when it does I will let you all know.
So while I did have a few helpful responses, most were incredibly rude!
  #11  
Old 02-28-2005, 02:38 AM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
Why are you writing and posting this question? I don't see a legal question anywhere in your post. You may want to consult the editing person you hired.

Your book sounds really boring,**************.....that's just my opinion.
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In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

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Last edited by Shay-Pari'e; 02-28-2005 at 01:41 PM.
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