Washington State does not recognize common-law marriage. This means that simply living together and presenting yourselves as married to friends, family, or the community is not legally sufficient to establish a marital relationship 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 can have significant implications for various legal matters, including property rights, inheritance, and benefits. Let's explore this further.
What is Common Law Marriage?
Common-law marriage, also known as informal marriage, is a legal concept that recognizes a marriage even without a formal ceremony or marriage license. Historically, this was established through the couple presenting themselves as married and acting as a married couple, typically for a prolonged period. However, the requirements and recognition of common-law marriage vary widely across different states.
Why Doesn't Washington Recognize Common-Law Marriage?
Washington's laws explicitly require a marriage license and a legally performed ceremony for a marriage to be valid. The state legislature has chosen not to recognize common-law marriages, opting for a more formal process for establishing a marriage. This approach provides clarity and prevents disputes over the existence and validity of a marital relationship.
What 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, they are legally considered unmarried. This means they lack the legal protections and responsibilities that come with marriage. This could lead to complications in various situations:
- Property division: In a separation or divorce, property division would be handled differently for unmarried couples compared to married couples.
- Inheritance: Inheritance laws will apply to unmarried partners, which might be less advantageous compared to a spouse.
- Healthcare decisions: Legal spouses have rights related to medical decisions concerning their partners, which unmarried partners may not have.
- Tax benefits: Married couples often receive tax advantages that unmarried couples do not.
How Can Couples Establish Legal Marriage in Washington?
To be legally married in Washington, couples must obtain a marriage license from the county auditor's office. Then, they must have a legally recognized ceremony performed by an authorized officiant. The officiant must file the marriage certificate with the county auditor's office to make the marriage legally binding.
What are Domestic Partnerships in Washington?
While Washington doesn't recognize common-law marriage, it does offer domestic partnerships. Domestic partnerships provide certain legal protections and benefits to same-sex and opposite-sex couples who register with the state. However, domestic partnerships offer a different set of rights and responsibilities compared to marriage.
Are there any exceptions to the rule?
No, there are no exceptions to the rule that Washington State does not recognize common-law marriages. The state's laws are clear on this point. If a couple wishes to be legally married in Washington, they must follow the procedures for obtaining a marriage license and having a formal ceremony.
Is it possible to have some legal recognition of a long-term relationship without marriage or domestic partnership?
While Washington doesn't recognize common-law marriage, couples in long-term relationships can consider creating legal documents such as wills, trusts, and powers of attorney to address property distribution and healthcare decisions. These documents can help protect assets and ensure decisions are followed in accordance with their wishes. It's highly recommended to seek legal counsel from a qualified attorney to create these documents and ensure their validity.
This information is for general educational purposes only and is not legal advice. If you have specific questions about your situation, it is recommended that you seek advice from a qualified legal professional.
