Getting Married in Washington State: Legal Guide for Couples
Washington State has specific legal requirements for marriage including obtaining a license, waiting periods, and ceremony regulations. Couples must apply in person at a county auditor's office, pay a fee, observe a three-day waiting period, and ensure their ceremony is performed by an authorized officiant within 60 days of license issuance.
Marriage in Washington creates legal rights and responsibilities that affect property ownership, inheritance, and financial obligations. Understanding these legal implications before your wedding day can help you start your marriage on solid legal footing and potentially avoid complications in the future.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (RCW 26.04.140)
In Washington state, couples must obtain a marriage license before getting married. The license is valid for 60 days after a 3-day waiting period from the date of issuance. Both parties must appear in person at a county auditor's office to apply for the license, and must provide identification and pay the applicable fee.
Age Requirements (RCW 26.04.010)
Washington law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 17 may marry with parental consent. Marriage is not permitted for those under 17 years of age.
Marriage Ceremony Requirements (RCW 26.04.070)
Washington recognizes marriages performed by authorized officials including judges, court commissioners, and religious officials. The ceremony must include a declaration by both parties that they take each other as husband and wife/spouse, and must be witnessed by at least two people.
Community Property Laws (RCW 26.16.030)
Washington is a community property state, meaning that property and debts acquired during the marriage are generally considered to be owned equally by both spouses. Understanding these laws is important for financial planning before marriage.
Domestic Partnership Conversion (RCW 26.60.100)
For those in registered domestic partnerships in Washington, these partnerships were automatically converted to marriages on June 30, 2014, unless dissolved or one party was over 62. This is relevant for couples who previously registered as domestic partners.
Regional Variances
Western Washington
King County (including Seattle) has a slightly different marriage license application process. There's a 3-day waiting period after obtaining your license before you can marry, and licenses are valid for 60 days. The county offers online pre-application to expedite the in-person process. Marriage license fee is $69.
Pierce County requires both parties to appear in person to apply for a marriage license. The waiting period is 3 days, and licenses are valid for 60 days. Marriage license fee is $64.
Snohomish County follows the standard 3-day waiting period, but offers appointment scheduling for marriage license applications. Licenses are valid for 60 days, and the fee is $64.
Eastern Washington
Spokane County follows the state's 3-day waiting period, but has specific documentation requirements. Both parties must provide government-issued photo ID. Marriage licenses are valid for 60 days, and the fee is $65.
Yakima County requires both applicants to appear in person with valid ID. The standard 3-day waiting period applies, and licenses are valid for 60 days. Marriage license fee is $72.
Coastal Washington
Clallam County has limited hours for marriage license applications (Monday-Friday, 8:30am-4:30pm). The standard 3-day waiting period applies, and licenses are valid for 60 days. Marriage license fee is $72.
Grays Harbor County requires appointments for marriage license applications. The standard 3-day waiting period applies, and licenses are valid for 60 days. Marriage license fee is $66.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Washington state, you must apply for a marriage license at any county clerk's office. Both parties must appear in person with valid photo ID. The license costs approximately $67 (fees vary by county). There is a mandatory 3-day waiting period after receiving your license before you can get married, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
90+ days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Washington (a community property state), assets acquired during marriage are generally considered jointly owned. To be enforceable, both parties should have independent legal counsel, full financial disclosure, and sign well before the wedding date (ideally at least 30 days prior).
Update or Create a Will
60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Washington. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. Without a will, Washington intestacy laws determine asset distribution, with your spouse receiving a significant portion of your estate.
Create a Healthcare Power of Attorney
60 days after wedding days after startingThis document designates someone (typically your spouse) to make medical decisions if you become incapacitated. In Washington, this document should comply with RCW 11.125.410. While marriage doesn't automatically grant this authority, spouses are typically given priority if no document exists.
Create a Durable Power of Attorney
60 days after wedding days after startingThis document authorizes someone (typically your spouse) to handle financial and legal matters if you become incapacitated. In Washington, this should comply with RCW 11.125. Consider including specific powers related to real estate, banking, and tax matters.
Update Beneficiary Designations
30 days after wedding days after startingMarriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or other financial accounts. Review and update all beneficiary designations to include your spouse if desired. In Washington, some retirement accounts may require spousal consent to name someone other than your spouse as beneficiary.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse wishes to change their name, you can indicate this on your marriage license application. After marriage, you'll need your certified marriage certificate to update your name with Social Security, DMV, passport office, and other institutions. In Washington, marriage is considered legal documentation for a name change.
Consider Joint Banking
60 days after wedding days after startingWhile not legally required, many couples open joint bank accounts after marriage. In Washington, joint accounts are owned equally by both spouses regardless of contribution amounts. Consider maintaining some separate accounts alongside joint ones for personal expenses.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. You typically have 30-60 days after your wedding to make these changes. Check with your employer's HR department or insurance provider for specific requirements and deadlines.
Research Tax Implications
90 days after wedding days after startingMarriage affects your tax filing status and potentially your tax liability. In Washington (which has no state income tax), this primarily affects federal taxes. Determine whether filing jointly or separately is more advantageous based on your incomes, deductions, and credits. Consider consulting a tax professional.
Update Vehicle Titles and Registration
90 days after wedding days after startingWhile not required, couples may choose to add their spouse to vehicle titles. In Washington, this requires completing a title application at the Department of Licensing with both parties present. Consider the implications for insurance coverage and liability.
Review Property Ownership
120 days after wedding days after startingWashington is a community property state, meaning most assets acquired during marriage are jointly owned regardless of whose name is on the title. Consider how you want to title real estate and other major assets. For property owned before marriage, consider whether to keep it separate or convert to community property.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | In Washington state, you must apply for a marriage license at any county clerk's office. Both parties must appear in person with valid photo ID. The license costs approximately $67 (fees vary by county). There is a mandatory 3-day waiting period after receiving your license before you can get married, and the license is valid for 60 days after issuance. | Marriage License Application | 30-60 days before wedding |
Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Washington (a community property state), assets acquired during marriage are generally considered jointly owned. To be enforceable, both parties should have independent legal counsel, full financial disclosure, and sign well before the wedding date (ideally at least 30 days prior). | Prenuptial Agreement | 90+ days before wedding |
Update or Create a Will | Marriage automatically changes certain inheritance rights in Washington. Update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. Without a will, Washington intestacy laws determine asset distribution, with your spouse receiving a significant portion of your estate. | Updated Will | 60 days after wedding |
Create a Healthcare Power of Attorney | This document designates someone (typically your spouse) to make medical decisions if you become incapacitated. In Washington, this document should comply with RCW 11.125.410. While marriage doesn't automatically grant this authority, spouses are typically given priority if no document exists. | Healthcare Power of Attorney | 60 days after wedding |
Create a Durable Power of Attorney | This document authorizes someone (typically your spouse) to handle financial and legal matters if you become incapacitated. In Washington, this should comply with RCW 11.125. Consider including specific powers related to real estate, banking, and tax matters. | Durable Power of Attorney | 60 days after wedding |
Update Beneficiary Designations | Marriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, or other financial accounts. Review and update all beneficiary designations to include your spouse if desired. In Washington, some retirement accounts may require spousal consent to name someone other than your spouse as beneficiary. | Beneficiary Designation Forms | 30 days after wedding |
Apply for Name Change (if applicable) | If either spouse wishes to change their name, you can indicate this on your marriage license application. After marriage, you'll need your certified marriage certificate to update your name with Social Security, DMV, passport office, and other institutions. In Washington, marriage is considered legal documentation for a name change. | Name Change Application | 30 days after wedding |
Consider Joint Banking | While not legally required, many couples open joint bank accounts after marriage. In Washington, joint accounts are owned equally by both spouses regardless of contribution amounts. Consider maintaining some separate accounts alongside joint ones for personal expenses. | Joint Bank Account Application | 60 days after wedding |
Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. You typically have 30-60 days after your wedding to make these changes. Check with your employer's HR department or insurance provider for specific requirements and deadlines. | Health Insurance Coverage Change Form | 30 days after wedding |
Research Tax Implications | Marriage affects your tax filing status and potentially your tax liability. In Washington (which has no state income tax), this primarily affects federal taxes. Determine whether filing jointly or separately is more advantageous based on your incomes, deductions, and credits. Consider consulting a tax professional. | - | 90 days after wedding |
Update Vehicle Titles and Registration | While not required, couples may choose to add their spouse to vehicle titles. In Washington, this requires completing a title application at the Department of Licensing with both parties present. Consider the implications for insurance coverage and liability. | - | 90 days after wedding |
Review Property Ownership | Washington is a community property state, meaning most assets acquired during marriage are jointly owned regardless of whose name is on the title. Consider how you want to title real estate and other major assets. For property owned before marriage, consider whether to keep it separate or convert to community property. | - | 120 days after wedding |
Frequently Asked Questions
In Washington state, you must be at least 18 years old (or have parental/guardian consent if 17), not be married to someone else, and not closely related to your intended spouse. You'll need to obtain a marriage license from any county auditor's office in Washington, pay a fee (typically $67-$72), and wait through a mandatory 3-day waiting period before the ceremony can take place. The license is valid for 60 days after issuance.
Yes, Washington state law requires that your marriage ceremony be witnessed by at least two people who are both at least 18 years old. These witnesses will need to sign your marriage certificate along with the person who officiates your ceremony.
Washington recognizes ceremonies performed by: active or retired judges (including court commissioners and court clerks), officially ordained religious officials, and any person registered as an officiant with the state. Washington also allows for self-uniting marriages where the couple can marry themselves without an officiant, though witnesses are still required.
Yes, Washington is a community property state. This means that most property and debts acquired during your marriage will be considered equally owned by both spouses, regardless of whose name is on the title or account. Property owned before marriage or received as gifts/inheritance typically remains separate property. Understanding these distinctions is important for financial planning and potential future asset division.
While not required, a prenuptial agreement can be beneficial depending on your circumstances. If either of you has significant assets, children from previous relationships, business interests, or anticipated inheritances, a prenup can help protect these interests. In Washington, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure to be enforceable.
If you wish to change your name after marriage in Washington, you can use your marriage certificate as legal proof for most name changes. You'll need to update your name with the Social Security Administration first, then update your driver's license with the Washington Department of Licensing, and finally update other documents and accounts. Either spouse can take the other's last name, hyphenate names, or create a new combined surname.
A marriage that is legally valid in Washington will be recognized in all other states due to the Full Faith and Credit Clause of the U.S. Constitution. However, if you move to another state, the laws of your new state of residence will generally govern property rights, divorce proceedings, and other marriage-related legal matters going forward.
Washington state does not recognize common law marriages established within the state. However, if you established a valid common law marriage in a state that does recognize them before moving to Washington, the state will generally recognize that marriage as valid. Couples who live together without marrying may want to consider a cohabitation agreement to protect their rights.