No, Washington State does not recognize common-law marriages. This means that simply living together, even for a long period, and presenting yourselves as married to others does not legally constitute a marriage in Washington. To be legally married in Washington, you must obtain a marriage license and have a legally recognized marriage ceremony.
This lack of recognition for common-law marriages can have significant implications for couples who believe they are married but haven't formally gone through the legal process. Understanding the legal ramifications is crucial for protecting your rights and assets.
What Constitutes a Legal Marriage in Washington?
A legal marriage in Washington requires several key components:
- Marriage License: A marriage license must be obtained from the county auditor's office before the ceremony. This license signifies the state's formal recognition of the intent to marry.
- Marriage Ceremony: A legally recognized ceremony must be performed by an authorized officiant. This officiant could be a judge, a member of the clergy, or another individual authorized by the state.
- Legal Capacity: Both parties must be legally capable of entering into a marriage. This typically means they must be of legal age, not already married to someone else, and of sound mind.
Failure to meet these criteria results in a marriage that is not legally recognized by the state of Washington.
What Happens if a Couple Believes They're in a Common-Law Marriage?
Many couples mistakenly believe they are married under common law. This can lead to significant problems, especially in cases of:
- Separation or Divorce: If a couple separates, they cannot legally pursue a divorce unless their marriage was legally recognized.
- Inheritance and Estate Planning: Without a legally recognized marriage, inheritance rights and claims to assets in the event of death are significantly limited. The surviving partner may not be entitled to the same benefits as a legally married spouse.
- Healthcare Decisions: In the event of an incapacitation, a legally married spouse has specific rights to make healthcare decisions for their partner. This right is not granted to a partner in an unrecognized common-law marriage.
- Tax Benefits: Marital status impacts tax filings and eligibility for various tax benefits. Unmarried couples will not receive these benefits.
Why Doesn't Washington Recognize Common-Law Marriage?
Washington, along with many other states, has chosen not to recognize common-law marriages to ensure clarity and avoid disputes over the legitimacy of marital status. The formal process of obtaining a marriage license and having a ceremony provides a clear record of the marriage and protects both parties' legal rights. It minimizes the potential for fraudulent claims or disagreements about whether a marriage actually exists.
What About Couples Who Lived Together for Many Years?
Even if a couple lived together for decades and presented themselves as married, it will not be recognized as a legal marriage under Washington law. The lack of a marriage license and a formal ceremony makes their relationship legally unmarried. However, they may still have legal options regarding asset division in the event of separation, particularly if there is proof of a cohabitation agreement or joint ownership of property. Consult with an attorney to explore these options.
I Thought My Relationship Was a Common-Law Marriage. What Should I Do?
If you believe you were in a common-law marriage, it's imperative to seek legal advice from a qualified attorney in Washington State. They can explain your options and help you navigate the legal complexities. It is crucial to address any legal uncertainties as quickly as possible, especially related to assets, inheritance, and other important legal rights.
This information is for educational purposes only and should not be considered legal advice. Consulting with a legal professional is recommended for specific circumstances.
