Best Marriage Lawyers in Washington

About Marriage Law in Washington, United States

Marriage law in Washington State establishes the legal framework for the formation, recognition, and dissolution of marriage. Washington recognizes both opposite-sex and same-sex marriages. The state sets out specific requirements for obtaining a marriage license, prohibits certain types of relationships from being valid marriages, and provides rules concerning property, spousal rights, and responsibilities. Washington is a community property state, meaning that most property acquired during the marriage is considered jointly owned. Individuals must meet specific eligibility criteria and follow the procedures set by the state to ensure their marriage is legally valid.

Why You May Need a Lawyer

Marriage involves significant legal rights and responsibilities. Although many weddings proceed without complications, certain situations can arise in which hiring a lawyer becomes important. Common scenarios include:

• Drafting or reviewing prenuptial or postnuptial agreements
• Navigating international marriage laws or immigration matters
• Addressing questions about property ownership or division due to Washington’s community property statutes
• Dealing with disclosures of debts and assets prior to marriage
• Resolving parental rights, child custody, or adoption issues linked to marriage
• Seeking advice about domestic violence or protective orders
• Obtaining information or representation in annulment or dissolution (divorce) proceedings
• Ensuring recognition of an out-of-state or foreign marriage in Washington

A lawyer can provide advice, draft documents, and represent your interests to ensure your rights are protected at every stage.

Local Laws Overview

Washington law has specific requirements and implications related to marriage. Here are key aspects:

• Eligibility: Both parties must be at least 18 years old, or 17 with parental consent and court approval. Marriages between close relatives (such as siblings or parents and children) are strictly prohibited.
• Marriage License: Couples must apply for a marriage license in person at any county auditor’s office. There is a three-day waiting period before the marriage ceremony can take place. Licenses are valid for 60 days.
• Officiants: Religious and secular officials, such as judges or court commissioners, can officiate marriages. Friends and family, if authorized via ordination (including online), may also perform ceremonies.
• Community Property: Washington is a community property state. Assets and debts acquired during the marriage are presumed to be owned equally, with some exceptions for gifts and inheritances.
• Common Law Marriage: Washington does not recognize common law marriages formed within the state, but it may recognize such relationships from other jurisdictions in specific circumstances.
• Same-Sex Marriage: State law recognizes same-sex marriages, affording them the same legal status as opposite-sex marriages.
• Dissolution (Divorce): Washington is a "no-fault" divorce state, meaning that irretrievable breakdown is sufficient grounds for dissolution. There is a 90-day waiting period after filing before a divorce can be finalized.
• Domestic Partnerships: Registered domestic partners are given rights and responsibilities similar to those of married spouses under state law, though this is now mostly available to couples where at least one partner is over age 62.

Frequently Asked Questions

What are the legal age requirements for marriage in Washington?

Both individuals must be at least 18 years old to marry without parental consent. Seventeen-year-olds require permission from a parent or guardian and court approval.

Is there a waiting period after obtaining a marriage license?

Yes, there is a mandatory three-day waiting period from when you obtain your marriage license to when you can have the ceremony. The license is valid for 60 days.

Does Washington recognize same-sex marriage?

Yes, Washington recognizes same-sex marriage. Same-sex couples have the same legal rights and responsibilities as opposite-sex couples under state law.

Are common law marriages recognized in Washington?

Washington does not allow common law marriages to be created within its borders. However, it may recognize a common law marriage legally established in another state.

What is community property, and how does it affect married couples?

Community property means most assets or debts acquired during the marriage are considered jointly owned and are typically divided equally if the marriage ends. Some exceptions, such as gifts or inheritances, may apply.

Can I get married if I am already married to someone else?

No, bigamy is prohibited in Washington. You must be legally divorced from any previous spouse before entering into a new marriage.

Who can officiate a wedding ceremony in Washington?

Judges, court commissioners, religious officials (such as ministers or priests), and individuals ordained online or by mail can officiate marriages.

What should I do if I want a prenuptial agreement?

Each party should consult with their own lawyer to draft and review a prenuptial agreement. These agreements are enforceable under Washington law if executed properly.

How do I legally change my name after marriage?

You may use your marriage certificate as supporting documentation to change your name with the Social Security Administration, Department of Licensing, and other agencies. There is no separate legal form required.

If I was married in another state or country, is my marriage valid in Washington?

Generally, yes. Washington recognizes valid marriages performed in other states or countries, provided they do not violate Washington’s marriage prohibitions, such as those regarding age or incest.

Additional Resources

For further information and assistance on marriage laws and requirements in Washington, you may find these resources helpful:

• Washington State Department of Health - Provides information about marriage licenses and certificates.
• Washington Courts - Offers self-help guides, legal forms, and information regarding marriage and divorce.
• County Auditor’s Office - Process for obtaining a marriage license (available at your local county office).
• Washington State Bar Association - For lawyer referrals and consumer legal information.
• Northwest Justice Project - Free civil legal aid for low-income residents.
• Legal Voice - Resources and guides about family law and marriage in Washington.

Next Steps

If you need legal assistance regarding marriage in Washington:

• Gather any documents related to your situation, such as a marriage certificate, divorce decree, or existing agreements.
• Outline your questions and concerns to ensure you provide comprehensive information to your attorney.
• Contact a lawyer specializing in family law or marriage matters in Washington. You can use the Washington State Bar Association or local legal aid organizations to find qualified representation.
• If your issue involves significant assets or complex legal matters, it is advisable to choose a lawyer with experience in those particular areas.
• Attend a consultation to review your options and receive personalized advice based on your circumstances.

Taking these steps can help you understand your rights and obligations, protect your interests, and ensure your marriage or related legal matters comply with Washington law.