Marriage Law Washington

The marriage law in Washington is governed by Title 26 of the Revised code of Washington.

PROHIBITED MARRIAGES

As per the Code the following marriages are prohibited:

1. When either party thereto has a wife or husband living at the time of such marriage;
2. When the husband and wife are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; or
3. When the parties are persons other than a male and a female.

VOID MARRIAGES

A marriage is voidable when

1. either party to a marriage is incapable of consenting thereto, for want of legal age or a sufficient understanding, or
2. when the consent of either party shall be obtained by force or fraud.

Such marriage is voidable only at the suit of the party laboring under the disability, or upon whom the force or fraud is imposed.

MARRIAGE LICENSE

Before any persons can be joined in marriage, they shall procure a license from a county auditor,

The county auditor may issue the marriage license at the time of application, but shall issue such license no later than the third full day following the date of the application (waiting period).

A marriage shall become void if the marriage is not solemnized within sixty days of the date of the issuance of the license, and the county auditor shall notify the applicant in writing of this requirement at the time of issuance of the license.

APPLICATION FOR LICENSE

APPEAL ON REFUSAL OF LICENSE

Any county auditor is hereby authorized to refuse to issue a license to marry in his discretion, the applications executed by the parties or information coming to his knowledge as a result of the execution of said applications, justifies said refusal.

The denied parties may appeal to the superior court of said county for an order to show cause, directed to said county auditor to appear before said court to show why said court should not grant an order to issue a license to said denied parties.

After due hearing, or if the auditor fails to appear, said court may in its discretion, issue an order to said auditor directing him to issue said license; any hearings held by a superior court may, in the discretion of said court, be held in chambers.

FORM OF SOLEMNIZATION

In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of solemnizing authority and in the presence of at least two attending witnesses, that they take each other to be husband and wife.

MARRIAGE SOLEMNIZING AUTHORITY

The following named officers and persons, active or retired, are authorized by the code to solemnize marriages

1. Justices of the supreme court,
2. judges of the court of appeals,
3. judges of the superior courts,
4. superior court commissioners,
5. any regularly licensed or ordained minister or any priest of any church or religious denomination, and
6. judges of courts of limited jurisdiction

MARRIAGE CERTIFICATE

The person solemnizing a marriage shall give to each of the parties thereto a certificate containing therein the names and residence of the parties, and of at least two witnesses present, the time and place of such marriage, and the date of the license thereof, and by whom issued.

FEES