When it comes to the institution of marriage, there are two main types recognized in various jurisdictions: statutory marriage and common-law marriage. Statutory marriage is the traditional legal process that involves obtaining a marriage license, participating in an official ceremony called solemnization, and registering the marriage with the state. In contrast, common-law marriage is an informal type of marriage that arises when two individuals cohabitate and hold themselves out to the public as a married couple, without participating in a formal marriage ceremony or acquiring a license.

Common-law Marriage in Washington

Washington is among the minority of states that do not recognize common-law marriages. In fact, common-law marriage has been abolished in Washington since as early as 1866. The Washington State Bar Association clearly states that, for a marriage to be considered valid, it must meet specific requirements set forth by the state. Couples in Washington must obtain a valid marriage license, have the marriage solemnized, and finally, obtain a marriage certificate.

Criteria for Valid Marriage in Washington

In order to be legally recognized as a married couple in Washington, there are several specific criteria that must be met. These criteria include:

Age

In Washington, individuals must be 18 years old to marry without the need for parental consent. However, minors who are 17 years old can marry with written consent from their parents.

Mental Capacity

Marriage in Washington requires both parties to possess the mental capacity necessary to understand the nature and consequences of entering into a marriage. This means that they must willingly enter into the union and have the intellectual ability to comprehend the significance of their actions.

Consensual Marriage

To be deemed valid, a marriage in Washington must be consensual. This means that both parties should freely and willingly give their consent to enter into the marital bond.

No Blood Relation

In accordance with the laws of Washington, it is illegal to marry close blood relatives, including siblings, parents, or grandparents. This prohibition aims to maintain ethical and legal standards within the institution of marriage.

Benefits of Formal Marriage

Although common-law marriages may appear to provide advantages such as reduced paperwork and simplified bureaucracy, they come with their own unique challenges. Couples who opt for a common-law marriage typically forego the legal protections and benefits that statutory marriages confer. These benefits include:

• Property rights: Married couples enjoy joint property ownership and the ability to share assets.
• Inheritance laws: Spouses intestate (without a will) are granted inheritance rights.
• Tax benefits: Joint tax filings can result in potentially favorable tax rates.
• Insurance coverage: Spouses are often eligible for each other’s insurance policies.
• Social Security benefits: Married couples have access to certain social security benefits.
• Medical decision-making: Spouses possess the authority to make medical decisions on behalf of their partner.
• Spousal Support upon divorce: Divorcing couples may be eligible for spousal support or alimony.

How to Get Married in Washington

For those considering marriage in Washington, certain steps must be followed. Initially, a couple needs to acquire a valid marriage license from the county auditor in their residential area or the location where they intend to marry. This license remains valid for a period of 60 days and expires thereafter. Following this, selecting a wedding officiant who will undertake the solemnization of the marriage is essential. Such an officiant may include religious leaders, judges, or court commissioners. The next stage involves solemnizing the marriage in the presence of at least two witnesses. Finally, the marriage must be registered with the county auditor from where the license was obtained within 30 days.

Conclusion

Although common-law marriage may be recognized in some states, it is important to note that Washington does not acknowledge such unions. In order to be legally recognized as a married couple within the state of Washington, couples are required to adhere to the formal legal process. This process entails obtaining a valid marriage license, undergoing solemnization, and officially registering the marriage with the state. The formalities associated with this process ensure that both parties receive the legal protections and benefits that accompany the institution of marriage.