Understanding Washington State Marriage Laws

Washington State treats marriage as a civil contract between two people, governed by detailed state statutes and county-level procedures. Whether you are planning a traditional wedding, an elopement, or a small courthouse ceremony, it is important to understand how Washington defines a valid marriage, who may marry, and what steps you must follow to obtain and use a marriage license.

This guide explains Washington marriage laws in clear language, drawing from state statutes and official county resources so you can move from engagement to legally-recognized marriage with confidence.

Core Legal Definition of Marriage in Washington

Under Washington law, marriage is a civil contract between two persons who are legally eligible and capable of consenting. The focus is on legal capacity and mutual consent rather than religious doctrine. A ceremony may be religious or secular, but the legal status of marriage is conferred by compliance with state requirements.

• Two persons only: Washington permits marriage between two individuals; plural marriages are not recognized.
• Consent required: Each party must be capable of understanding the nature of the marriage contract and freely agreeing to it.
• Civil status: Regardless of ceremony type, the legal consequences of marriage are defined by state family law, not by the officiant or religious organization.

Age Requirements and Recent Changes

Historically, Washington allowed individuals under 18 to marry with parental consent or court approval. However, legislation signed by the Governor has raised the minimum marriage age to 18 with no exceptions, effectively ending child marriage in the state. This change aligns Washington with a growing national trend toward stronger protections for minors.

Because marriage is a binding legal contract with significant consequences for property, finances, and parenting, Washington lawmakers concluded that minors should not be able to enter this contract at all, even with parental or judicial involvement.

Prohibited Marriages and Family Relationship Limits

Washington strictly limits marriage between close relatives to prevent incestuous unions and protect family structures. These restrictions apply regardless of religious or cultural practices.

• Existing spouse or domestic partner: A person cannot marry if they already have a living spouse or registered domestic partner, unless the domestic partner is the person they are marrying (for example, converting a registered partnership to marriage).
• Close kin: Washington law prohibits marriage between individuals who are closer in relation than second cousins.

The law makes it unlawful for any person to marry their sibling, child, grandchild, aunt, uncle, niece, or nephew, whether the relationship is of the whole or half blood. Marriages that violate these rules are considered void under state law.

Common-Law Marriage Not Recognized

Some U.S. states recognize “common-law marriage,” where couples are considered legally married after living together for a certain period and presenting themselves as married. Washington does not recognize common-law marriage at all.

• Living together, sharing finances, or having children does not automatically create a marriage in Washington.
• Couples must obtain a valid marriage license and have a lawful marriage ceremony to be considered married under Washington law.
• Instead of common-law marriage, Washington courts may recognize a committed intimate relationship for limited purposes when unmarried partners separate, particularly regarding property division.

Because common-law marriage is unavailable, couples who want the legal benefits and protections of marriage must follow the formal licensing and ceremony process described below.

Marriage License Basics in Washington

Before any ceremony can take place, couples must obtain a marriage license from a Washington county auditor or recorder’s office. The license is a legal authorization to marry and must comply with statewide rules.

Statewide Waiting Period and Validity

• Mandatory 3-day waiting period: Washington law requires couples to wait three full days from the time the license is issued before they may marry.
• Non-waivable: The three-day waiting period cannot be waived by judges, clerks, or county officials.
• 60-day validity: After the waiting period, the license is valid for 60 days. The ceremony must occur within this window.
• Issued vs. applied date: The waiting period begins when the license is issued, not when the application is first submitted.

If a couple fails to hold their ceremony within the 60-day validity period, they must apply for a new license and repeat the waiting period.

Where and How to Apply

Couples may apply in any Washington county; the license can be used anywhere within the state. Procedures vary slightly by county, but official county resources outline the basic steps:

• Complete a marriage license application, often available online as a fillable form.
• Provide legal names, dates of birth, and other identifying information for each party.
• Appear at the county office in person (in many counties, one or both parties must appear) or submit a notarized application by mail.
• Pay the required application fee, which is set by each county and may differ slightly.

Some counties, such as Snohomish, Pierce, and King, allow couples to start the process online, then finalize in person or by mail with notarized signatures.

County-Level Procedures and Fees

Although marriage licensing rules are uniform statewide, individual counties manage their own application systems and fee schedules. Official county websites provide detailed instructions. The following examples illustrate typical procedures.

Snohomish County (Example)

• Applications can be submitted online, then the couple visits the recording office to sign and pay.
• As of mid-2025, Snohomish County charges a $170 fee for a marriage license.
• Both parties usually must appear in person, unless one has already signed in front of a notary and provided the necessary documentation.

Pierce County (Example)

• Couples may apply online, then either schedule an in-person appointment or send a notarized application by mail.
• The office issues the marriage packet once the application and fee are received, and couples use that packet for the ceremony.
• After the ceremony, the signed certificate must be returned to the county auditor.

King County (Example)

• Applications are completed online and finalized in person at the county customer service center or by mail with notarization.
• King County lists a marriage license application fee of $169 on its official site.
• The license follows the same three-day waiting period and 60-day validity rule as other counties.

Regardless of county, couples should consult the local auditor or recorder’s office for current fee amounts, payment methods accepted, and office hours.

Marriage Ceremony Requirements

An issued license alone does not create a marriage. A valid ceremony must take place within the license’s validity period and follow state rules for officiants, witnesses, and completion of the certificate.

Officiants

Washington allows a range of officiants to perform marriage ceremonies, including judges, court commissioners, and authorized religious or secular officiants. The key requirement is that the officiant is legally permitted under Washington law and completes the certificate properly.

Witnesses

State law and county guidance indicate that ceremonies must be witnessed, typically by at least two witnesses, who sign the marriage certificate along with the couple and the officiant.

• Witnesses should be capable of understanding the ceremony and attesting that it took place.
• Some practical guides recommend witnesses be above a certain age (for example, over 12) to ensure competence.

Completing and Returning the Certificate

After the ceremony, the original marriage certificate must be properly completed and returned to the county:

• The couple, officiant, and witnesses sign the certificate immediately after the ceremony.
• The officiant or the couple then return the certificate to the issuing county office, by mail or in person, so the marriage can be recorded officially.
• The county records the marriage and typically provides certified copies for legal use (such as name changes or proof of marital status).

Failure to return the certificate may cause delays or complications in proving the marriage for legal or administrative purposes.

Void and Voidable Marriages

Washington law distinguishes between marriages that are void from the outset and those that are voidable and may be annulled through legal action.

Void Marriages

Void marriages are treated as if they never legally existed. Common reasons include:

• One party is already married or in a registered domestic partnership with someone else (bigamy or an un-dissolved partnership).
• Marriage between prohibited close relatives, such as siblings, parents and children, grandparents and grandchildren, uncles and nieces, aunts and nephews.

Voidable Marriages

A voidable marriage is legally valid unless and until a court declares it invalid. Classic grounds include:

• Lack of capacity to consent: If a spouse was legally incapable of consenting at the time of marriage—for example, due to serious mental incapacity or, previously, being under the lawful age—he or she may seek to have the marriage voided.
• Force or fraud: If consent was obtained through coercion, threats, or deception regarding essential aspects of the marriage, a court may declare the marriage void.

Annulment and dissolution proceedings can be complex, and individuals facing these issues typically benefit from consulting a family law attorney familiar with Washington statutes.

Special Considerations: Parks, Elopements, and Locations

While marriage law is the same statewide, additional rules may apply depending on the ceremony location. Couples planning to marry in national parks, state parks, or other public lands often need special permits in addition to a marriage license.

• National parks may require a Special Use Permit for wedding ceremonies, which usually involves a separate application, fee, and compliance with park regulations.
• Washington state parks typically require a Special Activity Permit before a wedding or elopement can be held on park property.
• Permit applications may need to be submitted well in advance (for example, at least 60 days before the planned date) and include details about the size, location, and nature of the event.

These permits do not affect the legal validity of the marriage under state law, but failing to obtain required permits can lead to fines or cancellation of the event.

Frequently Asked Questions About Washington Marriage Laws

Is there any way to skip the 3-day waiting period?

No. Washington law requires a three-day waiting period after the marriage license is issued, and this period cannot be waived by any county or court.

Can we apply for a marriage license in one county and get married in another?

Yes. A Washington marriage license issued by any county is valid throughout the state, as long as the ceremony occurs within the license’s 60-day validity period.

Does Washington recognize common-law marriages from other states?

Washington does not create common-law marriages, but in some circumstances it may recognize a union that was validly established under another state’s law. Because this can be legally complex, couples should seek legal advice if they rely on a common-law marriage formed elsewhere.

What happens if we never return the signed marriage certificate?

If the signed certificate is not returned, the county may not record the marriage, which can complicate proving marital status for name changes, benefits, or legal proceedings. It is important to file the certificate promptly after the ceremony.

Can close relatives ever marry in Washington?

No. Washington law makes it unlawful to marry certain close relatives—including siblings, children, grandchildren, aunts, uncles, nieces, and nephews—and considers such marriages void.

Are domestic partnerships still available?

Washington previously allowed registered domestic partnerships, and some still exist. In many cases, couples may convert a qualifying domestic partnership into marriage. Specific rules can depend on the type of partnership and when it was registered, so official state guidance or legal advice is helpful.

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Author

Sneha TeteBeauty & Lifestyle Writer

 

Sneha is a relationships and lifestyle writer with a strong foundation in applied linguistics and certified training in relationship coaching. She brings over five years of writing experience to waytolegal,  crafting thoughtful, research-driven content that empowers readers to build healthier relationships, boost emotional well-being, and embrace holistic living.

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