What Is Marriage?

Marriage is a contract that creates a community, both economic and personal, between two persons not nearer of kin than second cousins, one of whom is a competent, consenting, unmarried female adult and the other of whom is a competent, consenting, unmarried male adult.  Seventeen year olds may marry with a judge’s waiver.  RCW 26.04.010, 26.04.020.  One must have a license to marry (RCW 26.04.140), and wait three days after acquiring the license before solemnizing the marriage (RCW 26.04.180).  The person who signs the certificate of marriage must be qualified to do so (RCW 26.04.050).

One cannot become married to another person by living with that person (common law marriage) under Washington law.  However, common law marriages validly formed in other states are recognized under Washington law.  In re Marriage of Pennington, 142 Wn.2d 592, 14 P.3d 764 (2000).  Unmarried parties who live together in Washington may establish a quasi-marital relationship, which may have effects if the quasi-marital relationship terminates. 

Marriage between parties of the same sex is not valid in Washington.  RCW 26.04.020.  Partners of the same sex may qualify to register as domestic partners.  RCW 26.60.  Homosexual marriage is an issue very much in flux in the law of several states and federal law.  In my view, it is likely there will be changes to Washington law concerning homosexual marriage in the not-distant future.

 
   
Brad Lancaster works as a Seattle divorce attorney, and Seattle probate attorney, and Seattle elder law attorney, serving King County and Snohomish County, including Seattle, Shoreline, Lake Forest Park, Edmonds, Woodway, Lynnwood, Mountlake Terrace, Alderwood, Brier, Kenmore, Woodinville, Mukilteo, Mill Creek, and Everett.  Brad provides collaborative solutions to human conflict.