Washington State does not recognize common-law marriage. This means that simply living together for a long period of time, holding yourselves out as husband and wife, or sharing finances doesn't create a legally binding marriage. To be legally married in Washington, you must obtain a marriage license and have a legally recognized ceremony.
This can be a surprisingly common misconception, leading to significant legal and financial ramifications down the road. Let's delve deeper into the reasons why and explore the alternatives for those seeking similar legal protections.
What Constitutes a Valid Marriage in Washington State?
A valid marriage in Washington requires adherence to specific legal procedures. These steps include:
- Obtaining a Marriage License: Couples must apply for and receive a marriage license from the appropriate county auditor's office. Requirements vary slightly by county, but generally involve providing identification and proof of age.
- Performing a Ceremony: The license must be presented to an officiant authorized to perform marriages in Washington State. This officiant performs the marriage ceremony, which legally binds the couple. The officiant then files the completed marriage license with the county auditor's office.
Without these steps, no legal marriage exists, regardless of the length of the relationship or the couple's public declarations.
What Happens if a Couple Separates After Living Together Long-Term Without a Marriage License?
If a couple separates after a long-term relationship without a legal marriage, they are not considered legally married. This significantly impacts:
- Property Division: Property will generally be divided according to the principles of Washington's laws regarding unmarried cohabitants, focusing on individual contributions and agreements (or lack thereof) rather than the equal distribution typically seen in divorce proceedings.
- Spousal Support (Alimony): There is no legal basis for spousal support for unmarried couples.
- Inheritance Rights: There are no automatic inheritance rights. Inheritance will be determined by the terms of any wills or other estate planning documents.
- Health Care Decisions: Each individual retains the right to make decisions regarding their own healthcare, without the legal rights and responsibilities conferred by marriage.
This highlights the importance of understanding the legal distinction between living together and being legally married.
What About Domestic Partnerships in Washington?
While Washington doesn't recognize common-law marriage, it does offer the option of domestic partnerships. Domestic partnerships provide some, but not all, of the legal protections of marriage. The specifics of rights and responsibilities under a domestic partnership differ from marriage, so careful consideration of this option is crucial. It's important to consult with a legal professional to understand the details and implications of establishing a domestic partnership.
Why Doesn't Washington Recognize Common-Law Marriage?
The primary reason Washington (and many other states) do not recognize common-law marriage is to maintain clarity and prevent legal disputes arising from ambiguous relationships. Establishing clear legal standards for marriage simplifies property division, inheritance, and other legal issues related to the end of a relationship.
Can I Claim Common-Law Marriage in Washington Based on Another State's Laws?
Washington courts generally recognize valid marriages performed in other states. However, this does not extend to common-law marriages established in other states. If you were married in a state that recognizes common-law marriage, that marriage will generally be recognized in Washington, but a common-law marriage established elsewhere won’t automatically translate into a legally recognized marriage within Washington State.
In conclusion, while cohabitation can be a significant part of a relationship, it does not equate to marriage under Washington law. Understanding the legal implications of being married versus unmarried is crucial for both personal and financial well-being. Always consult a legal professional for guidance on matters of family law and legal status.
