(Closed) Is anybody in the US awake? I need help.

posted 6 years ago in Legal
Post # 3
Member
14495 posts
Honey Beekeeper
  • Wedding: June 2011

The only thing that I know about getting married by proxy is that Richy got married that way on Happy Days.

Is this something that the JAG office can help you with since the legal issues are strictly a military issue?

Post # 5
Member
14495 posts
Honey Beekeeper
  • Wedding: June 2011

@AubByAub:  Thank you both for serving and I hope that you two can get this all straight as soon as possible so you can be together sooner.  If you don’t mind me asking what base is he on?  My brother is stationed in GA at Benning. 

Post # 6
Member
7779 posts
Bumble Beekeeper

There are only 4 states that allow proxy marriages, California, Colorado, Texas and Montana. In California, Colorado and Texas, one of the parties has to be present. Montana allows double proxy marriages. California only allows is if one party is deployed.

This is Montana’s marriage code. They just require that one party be a member of the Armed Forces.

 40-1-301. Solemnization and registration. (1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
     (2) 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. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
     (3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.
     (4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.

Post # 8
Member
14495 posts
Honey Beekeeper
  • Wedding: June 2011

@zippylef:  You might know since you are a military dependant, can they get married by proxy though her overseas base?  Would that be allowed, like she would be present on base and he would have a proxy?

Post # 9
Member
7779 posts
Bumble Beekeeper

@tksjewelry:  I don’t know for sure, but I would think not. We are stationed overseas in England and I know both the guys Darling Husband works with who have gotten married since we have been here have both gotten married “on the economy”, which means by British officials outside of the base.

@AubByAub:  I think if you go the proxy route, the Montana double proxy is your best bet.

Post # 11
Member
2142 posts
Buzzing bee
  • Wedding: August 2010

@AubByAub:  

So are you guys in the AF then?

My BIL and his exwife are both in the AF (Robins actually!). They had gotten engaged and in the midst of wedding planning my BIL got orders to go to Turkey for 2 years. So they had a decision to make. Get married immediately so they can both get papers to go to Turkey. Or be separated for two years. So they decided to do a quick small wedding immediately so that the AF would not separate them.

Obviously I’m not in the AF so I don’t know all the rules and it’s possible it’s changed in the last 5 years. But I guess I would ask your superiors and confirm this?

Post # 13
Member
2142 posts
Buzzing bee
  • Wedding: August 2010

@AubByAub:  

GL!

Yea I was just really surprised that you said you would have to be seperated for a year. Unless the situation is you are already stationed overseas and they won’t be shipping him over just because you got married.

From what I’ve seen with my BIL the AF is VERY pro family.

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