Best Marriage Lawyers in Washington

About Marriage Law in Washington, United States

In Washington State, marriage is recognized as a legal contract between two people. Both parties must meet certain criteria, such as being of legal age and not currently married to someone else. Marriage laws also address issues such as prenuptial agreements, divorce proceedings, and division of assets. Understanding these laws is vital for anyone looking to get married or who may be experiencing marital issues.

Why You May Need a Lawyer

There are various situations where legal advice is crucial in matters of marriage. These include but are not limited to:

• Drafting prenuptial agreements to protect assets.
• Navigating the complex process of divorce, including property division and spousal support.
• Handling issues related to child custody and support.
• Interpreting and contesting existing court orders related to marriage and divorce.
• Advising on same-sex marriage and related legal implications.

Local Laws Overview

Washington State has specific laws that govern marriage, some of which include:

• Marriage License: Both parties must apply for a marriage license in person and meet the legal requirements, including being 18 years old, or having court or parental consent if younger.
• Common-Law Marriage: Washington does not recognize common-law marriages, but it does acknowledge domestic partnerships under certain conditions.
• Community Property: Washington is a community property state, meaning that assets and debts acquired during the marriage are typically considered jointly owned.
• Divorce (Dissolution of Marriage): Either party can file for divorce under the "irretrievable breakdown" of the marital relationship. Washington also has provisions for legal separation and annulment.
• Spousal Maintenance (Alimony): Courts may grant spousal support based on various factors, including the length of the marriage, financial resources, and earning capacities.

Frequently Asked Questions

How do we apply for a marriage license in Washington State?

Both parties must visit a local County Auditor's office, complete an application, and pay a fee. There is a waiting period of three days before the license is issued and it is valid for 60 days.

Is there a waiting period to get married after applying for the license?

Yes, there is a mandatory three-day waiting period after applying for your marriage license.

Can same-sex couples legally marry in Washington?

Yes, same-sex marriage has been legal in Washington since December 6, 2012.

How is property divided in a Washington divorce?

As a community property state, Washington typically divides all property and debts acquired during the marriage equally between both parties.

What is a prenuptial agreement and is it enforceable in Washington?

A prenuptial agreement is a contract signed by both parties before the marriage, outlining the ownership of their respective assets and how they will be handled in the event of a divorce. These agreements are generally enforceable in Washington if they are fair and entered into voluntarily.

What are the grounds for divorce in Washington?

Washington is a no-fault divorce state, meaning the only grounds for divorce is the "irretrievable breakdown" of the marriage.

What is the difference between legal separation and divorce?

In Washington, legal separation allows couples to live separately and divide their property and finances without legally ending the marriage. In contrast, divorce (dissolution of marriage) legally terminates the marriage.

Do we need a lawyer to file for divorce?

While it is not legally required to have a lawyer to file for divorce, it is highly recommended to consult one, especially if there are complex issues like property division, spousal support, or child custody.

How can I change my name after marriage?

You can change your name by using your marriage certificate as proof. Update your Social Security card, driver's license, and other important documents accordingly.

What are the residency requirements for getting a divorce in Washington?

Either you or your spouse must be a resident of Washington, a member of the armed forces stationed in Washington, or married in Washington and living in a state that does not recognize your marriage.

Additional Resources

There are several resources available for those seeking legal advice on marriage in Washington:

• Washington State Courts - Provides a range of legal information and self-help tools.
• Washington State Bar Association - Offers referrals and resources for finding a lawyer.
• King County Family Law Facilitators - Assists with family law procedures and forms.
• Domestic Violence Services - For those in abusive marriages seeking help and legal protection.

Next Steps

If you find yourself needing legal assistance in matters related to marriage, it is advisable to start by consulting with a family law attorney who specializes in Washington state laws. You can look up reputable law firms, seek referrals from the Washington State Bar Association, or use local services like family law facilitators for guidance. Always ensure you gather all necessary documents and have a clear understanding of your situation before meeting with a lawyer.