The people's voice. [volume] (Helena, Mont.) 1939-1969, 1962-12-21

therefore discourage Justification Of
ages, disclose previous refusals OF
applications for marriage licenses
and reveal all previous marital his.
tory. In addition, any applicant who
is under obligation to support chill,
dren from a previous marriage will
be required to show that he is fulfill
ing such obligations.
1861 LAW DOESN'T STOP
SECRET MARRIAGES
Secret marriages are possible in
Montana even if the 5-day waiting
period is enforced, simply by the
applicants going to another county
for their license and then returning
to pick it up 5 days later. This is
done frequently by teenagers who
falsify their ages to avoid the neces-
sity of parental consent.
This problem can be approached by
requiring 30-day residence by at
least one of the parties before an
application may be filed. This Ii
cense would then be valid in any
county of the State. The nonresident
party may complete his part of the
application before the person author
lied ito accept such applications in
the county and state in which he
resides. If both parties are non-resi-
dents of the state, they must obtain
their license in the county in which
the marriage is to be performed.
In the light of these recommends
lions which would generally tighten
the control of marriage in the State
of Montana, the natural observation
is that such measures will only drive
people in greater numbers to Idaho,
for example, where the laws are more
enient.
This result can be avoided by
the recommended marriage evas-
ion law, which provides that a
marriage which is invalid under
the laws of the state in which at
least one of the parties resided at
the time of the marriage and where
both intended to make their home
thereafter, will be invalid, even
though it may be valid in the state
in which it was performed. Parents
of teenagers married outside the
state could bring action to have
such a marriage declared invalid.
1t is recommended that common |
aw and contract marriages from and
.fter July 1, 1868, be null and void.
Nevertheless, to protect the chill
lren of such purported marriages,
t is provided that such children shall
,e deemed the legitimate issue of such
PARTIES land shall have all rights, |
but not limited to, rights
f inheritance of children of a valid
Most states have abolished breach
f promise and alienation of affec-
ion suits, and it is recommended
hat they also be abolished in Mon
ana.
'IvoRCE:
Since it is possible for a person
l Montana to file for and be granted
ivorce, and to renarry all within
very few days (or even one day If
lie circumstances are "right'), the
recommendation are made:
1. That there be a compulsory 30
ay cooling off period between filing
n divorce and the hearing;
2. That if minor children are in
lived. the court will be required to
ay the divorce proceedings for an
Iditional 90 days after the hearing,
EN- though grounds for divorce have
en- established; =
8. That if one of the parties makes
request, the case may be referred 81
r reconciliation conferences, utiliz- tt
2 available community resources; N
d g
A. That remarriage shall be pro- i
,ited until months after the di- d1
rec has been granted, whether the TT
cree was secured in Montana or sc
ewhere. al