Understanding Common Law Marriage in Washington State
How to Establish a Common Law Marriage in Washington State
While it is not necessary to obtain a marriage license or have a formal ceremony to establish a common law marriage in Washington State, there are certain requirements that must be met. These include:
- Both parties must be at least 18 years old
- Both parties must have the mental capacity to enter into a marriage
- Both parties must have the intention to be married
- The couple must live together and present themselves as married
If these requirements are met, a common law marriage can be established in Washington State. However, it is important to note that after June 30, 2014, common law marriages are no longer recognized in the state.
Pros and Cons of Common Law Marriage in Washington State
Like any type of marital union, there are both advantages and disadvantages to a common law marriage in Washington State.
Advantages
- Flexibility: Couples can choose to enter into a common law marriage without having to go through the legal process of obtaining a marriage license or having a formal ceremony.
- Property Rights: In the event of a separation or death of one partner, the other partner may have property rights if the common law marriage is recognized by the state.
- Spousal Benefits: If the common law marriage is recognized by the state, partners may be entitled to spousal benefits such as health insurance and retirement benefits.
Disadvantages
- No Legal Protection: If the common law marriage is not recognized by the state, partners may not have legal protection in the event of a separation or death of one partner.
- No Divorce Process: In the event of a separation, partners may not have a legal process for dividing assets or determining custody of children.
- No Automatic Inheritance: If the common law marriage is not recognized by the state, partners may not have automatic inheritance rights.
FAQs
Q: Can I establish a common law marriage in Washington State after June 30, 2014?
A: No, common law marriages are no longer recognized in the state after June 30, 2014.
Q: How long do I have to live with my partner to establish a common law marriage in Washington State?
A: There is no set time requirement for establishing a common law marriage in Washington State. However, couples must present themselves as married and have the intention to be married.
Q: Can I get a divorce if I have a common law marriage in Washington State?
A: If the common law marriage was established before June 30, 2014 and is recognized by the state, you may be able to get a divorce. However, if the marriage is not recognized by the state, there may not be a legal process for a divorce.
Q: Can I inherit from my partner if we have a common law marriage in Washington State?
A: If the common law marriage is recognized by the state, partners may have inheritance rights. However, if the marriage is not recognized by the state, there may not be automatic inheritance rights.
Conclusion
While common law marriages may provide flexibility and certain advantages, it is important to carefully consider the legal implications and potential disadvantages. If you have any questions or concerns about establishing a common law marriage in Washington State, it is recommended to seek the advice of a legal professional.
