Washington State does not recognize common-law marriage. This means that simply living together and presenting yourselves as married to others is insufficient to establish a legally recognized marriage in the eyes of the state. To be legally married in Washington, you must obtain a marriage license and have a legally recognized ceremony. This is a crucial distinction for many legal and financial ramifications.
This lack of recognition has significant implications for couples who believe they are in a common-law marriage, but who have not officially registered their union. This article will clarify the situation and answer common questions surrounding this issue.
What is Common Law Marriage?
Common-law marriage, also known as informal marriage, is a legal recognition of a marriage that occurs without a formal marriage ceremony or license. Historically, some states allowed couples to establish a marriage through cohabitation, presenting themselves as husband and wife, and sharing financial responsibilities. However, the requirements vary significantly between states that do recognize it, and Washington is not one of them.
What are the Requirements for a Legally Recognized Marriage in Washington State?
To be legally married in Washington, you must:
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Obtain a marriage license: This license is issued by the county clerk's office in the county where the marriage will take place. Specific requirements, such as blood tests, are no longer needed in Washington.
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Have a legally performed ceremony: The ceremony must be performed by an authorized officiant, such as a judge, clergy member, or other designated official. The officiant must file the marriage license with the county clerk's office after the ceremony.
Why Doesn't Washington Recognize Common-Law Marriage?
Washington, along with many other states, has abolished common-law marriage. The reasons are multifaceted, but generally include:
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Clarity and Prevention of Disputes: Formalizing marriage through licenses and ceremonies provides clear legal documentation, reducing potential confusion and disputes regarding marital status, property ownership, and inheritance.
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Protection of Individuals: The formal process provides safeguards and ensures both individuals understand the legal implications of marriage before committing.
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Modernization of Marriage Laws: As societal norms have evolved, Washington's laws have moved toward a more streamlined and transparent system for marriage registration.
What Happens if a Couple Believes They Are in a Common-Law Marriage in Washington?
If a couple in Washington believes they are in a common-law marriage, but they haven't obtained a marriage license and had a legal ceremony, they are not legally married. This can have significant consequences, including:
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Lack of spousal rights: They may not be entitled to spousal benefits, such as Social Security survivor benefits or inheritance rights.
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Property division issues: Property division in a separation or divorce would follow different rules than for legally married couples.
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Child custody and support: While cohabitation doesn't affect child custody, legal marriage provides additional legal protections and considerations.
What if I Lived With Someone for Many Years and Presented Ourselves as Married?
Regardless of the length of cohabitation or public presentation, if you did not obtain a marriage license and have a legally recognized ceremony in Washington, you are not considered legally married. This means that the legal rights and obligations associated with marriage do not apply. A judge will not consider such a relationship a valid marriage in any court proceeding.
Can I Retroactively Establish a Common-Law Marriage in Washington?
No, you cannot retroactively establish a common-law marriage in Washington. The state does not recognize common-law marriages, regardless of the length of cohabitation or the couple’s beliefs.
Conclusion
Understanding Washington State's stance on common-law marriage is essential for all couples. While cohabitation is commonplace, it does not equate to legal marriage. Obtaining a marriage license and having a proper ceremony is crucial for securing the legal rights and protections afforded to married couples in Washington State. Consulting with a legal professional is strongly recommended if you have questions about your specific situation.
