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.

Key Considerations

Blended Families (Couples with Children from Previous Relationships)

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Same-Sex Couples

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Blended Families

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Couples with Children from Previous Relationships

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Couples with Children
Young Couples with No Children

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Decisions

Blended Families (Partners with Children from Previous Relationships)

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Couples with Significant Assets

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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 starting

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.

Document: Marriage License Application

Consider a Prenuptial Agreement

90+ days before wedding days after starting

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).

Document: Prenuptial Agreement

Update or Create a Will

60 days after wedding days after starting

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.

Document: Updated Will

Create a Healthcare Power of Attorney

60 days after wedding days after starting

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.

Document: Healthcare Power of Attorney

Create a Durable Power of Attorney

60 days after wedding days after starting

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.

Document: Durable Power of Attorney

Update Beneficiary Designations

30 days after wedding days after starting

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.

Document: Beneficiary Designation Forms

Apply for Name Change (if applicable)

30 days after wedding days after starting

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.

Document: Name Change Application

Consider Joint Banking

60 days after wedding days after starting

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.

Document: Joint Bank Account Application

Update Health Insurance Coverage

30 days after wedding days after starting

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.

Document: Health Insurance Coverage Change Form

Research Tax Implications

90 days after wedding days after starting

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.

Update Vehicle Titles and Registration

90 days after wedding days after starting

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.

Review Property Ownership

120 days after wedding days after starting

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.

Frequently Asked Questions

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.