Washington Wedding Laws
The diverse landscape of Washington offers something for everyone. With stunning coastline views, impressive mountain ranges, and 15 national parks, it's no surprise that more than half of Washington's marriage ceremonies take place outdoors. Whether you are planning an indoor or outdoor wedding event, this guide provides everything you need to know about Washington's marriage code. More specifically, it will help you understand the legal requirements that must be met by the couple and the minister, how to procure a marriage license, and what needs to be done both during and after the ceremony to ensure a legally binding marriage.
Getting Married in Washington
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 2
- Min. Age of Witnesses:
- 18 Years
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Washington requires that all weddings be attended by the marrying couple, the officiant, and two witnesses who are at least 12 years of age. The state does not allow for marriage by proxy, so all wedding participants must be physically present at the ceremony.
While the couple can determine the length, style, and content of their ceremony, Washington marriage law does require the inclusion of two traditional affirmations. First, the couple must express their consent to marry with the familiar "I do" or an alternative that expresses the same sentiment. Second, the officiating minister must pronounce the couple as legally wed before officially ending the ceremony.
RCW 26.04.070
In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of the minister, priest, imam, rabbi, or similar official of any religious organization, or judicial officer solemnizing the same, and in the presence of at least two attending witnesses, that they take each other to be spouses.
[2012 c 3 § 6 (Referendum Measure No. 74, approved November 6, 2012); Code 1881 § 2383; 1866 p 82 § 5; RRS § 8443.]
Washington Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 17 With Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
An early advocate of marriage equality, Washington has been welcoming same-sex couples to marry there since 2012. There are also no residency restrictions. Whether you permanently reside in Washington, another state, or even another country, "The Evergreen State" is happy to host your wedding ceremony.
The minimum age requirement for marrying in Washington is 18 years old, but there are a couple of exceptions. First, if you are 17 years old and have received parental consent, you can legally enter into marriage.
Second, minors under the age of 17 can marry under extraordinary circumstances. In such cases, couples must petition the court and demonstrate "special circumstances" in an effort to gain the necessary approval.
RCW 26.04.020
(1) Marriages in the following cases are prohibited:
(a) When either party thereto has a spouse or registered domestic partner living at the time of such marriage, unless the registered domestic partner is the other party to the marriage; or
(b) When the spouses 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.
(2) It is unlawful for any person to marry his or her sibling, child, grandchild, aunt, uncle, niece, or nephew.
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a) or (2) of this section.
(4) A legal union, other than a marriage, between two individuals that was validly formed in another state or jurisdiction and that provides substantially the same rights, benefits, and responsibilities as a marriage, does not prohibit those same two individuals from obtaining a marriage license in Washington.
(5) No state agency or local government may base a decision to penalize, withhold benefits from, license, or refuse to contract with any religious organization based on the opposition to or refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage.
(6) No religiously affiliated educational institution shall be required to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage, including a use of any campus chapel or church. A religiously affiliated educational institution shall be immune from a civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage under this subsection shall be immune for civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW.
[2012 c 3 § 2 (Referendum Measure No. 74, approved November 6, 2012); 1998 c 1 § 4; 1927 c 189 § 1; Code 1881 § 949; 1866 p 81 § 2; 1854 p 96 § 115; RRS § 8438.]
How to Become a Wedding Officiant in Washington
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by County
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- After Ceremony
- Minister I.D. # Issued:
- No
Washington has no requirements regarding the officiant's residency, faith, or gender. However, only individuals who are 18 years of age or older can officiate a wedding ceremony in the state of Washington. This should not be a problem since the Universal Life Church does not ordain ministers who are younger than this.
To ensure compliance with all county regulations, the minister should contact the office from which the marriage license was issued. Documentation requirements vary across the state, so most ministers order ULC's Classic Wedding Package to be fully prepared.
If the issuing office requests documentation, be prepared to present it before the wedding. ULC also recommends that you submit the requested papers, along with the signed marriage license, after the ceremony is over. It is worth noting that the marriage license does not normally require a church-issued ID number.
RCW 26.04.050
The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court, judges of the court of appeals, judges of the superior courts, supreme court commissioners, court of appeals commissioners, superior court commissioners, judges and commissioners of courts of limited jurisdiction as defined in RCW 3.02.010, judges of tribal courts from a federally recognized tribe, and any regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization. The solemnization of a marriage by a tribal court judge pursuant to authority under this section does not create tribal court jurisdiction and does not affect state court authority as otherwise provided by law to enter a judgment for purposes of any dissolution, legal separation, or other proceedings related to the marriage that is binding on the parties and entitled to full faith and credit.
[ 2019 c 52 § 2; 2017 c 130 § 1; 2012 c 3 § 4 (Referendum Measure No. 74, approved November 6, 2012); 2007 c 29 § 1; 1987 c 291 § 1; 1984 c 258 § 95; 1983 c 186 § 1; 1971 c 81 § 69; 1913 c 35 § 1; 1890 p 98 § 1; 1883 p 43 § 1; Code 1881 § 2382; 1866 p 82 § 4; 1854 p 404 § 4; RRS § 8441.]
Applying For a Marriage License in Washington
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 3 Days
- License Valid For:
- 60 Days
- License Must Be Submitted:
- By Expiration
When applying for a marriage license, you should specifically request a religious ceremony license rather than a civil ceremony license. The type of license is determined by the officiant of the ceremony rather than the beliefs of the couple. In other words, if a justice of the peace or civil servant performs the ceremony, a civil ceremony license is the appropriate choice. If a religious actor, such as a minister ordained by the Universal Life Church, officiates the ceremony, a religious ceremony license is required.
If you aren't religious, don't worry. Although the license is classified as religious, the ceremony does not need to include religious elements, references, customs, appeals, or rituals.
After the marriage license has been issued, there is a 3-day waiting period before the couple can legally wed. Because Washington law is firm on this issue, waivers are never granted. Consequently, the couple should plan ahead and register early to avoid potential issues.
Once the 3-day window has passed, the marriage license remains valid until 60 days after the date of issuance. Within that timeframe of approximately two months, the ceremony must take place, and the license must be returned and filed with the issuing office.
RCW 26.04.180
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. A marriage license issued pursuant to the provisions of this chapter may not be used until three days after the date of application and 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.
[ 1985 c 82 § 4; 1979 ex.s. c 128 § 1; 1963 c 230 § 3; 1953 c 107 § 1. Prior: 1943 c 250 § 1; 1939 c 204 § 6; Rem. Supp. 1943 § 8450-5.]
How to Get a Washington Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Washington
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
To obtain a marriage license, both members of the couple should apply in person with the clerk's office in the specific county where the ceremony is scheduled to take place. Residency does not impact this requirement, so if the couple resides in one county but is marrying in another, the license should be obtained from the same county as the planned ceremony. It is worth noting that in rare cases, the county's probate court, recorder office, or county auditor can also issue the license.
In all cases, though, both members of the couple must prove their age and identity with a government-issued photo ID, and if either party was previously married, a final decree of dissolution must be provided. While no blood test is required, the issuing office charges a fee that can vary from county to county.
RCW 26.04.140 Marriage license.
Before any persons can be joined in marriage, they shall procure a license from a county auditor, as provided in RCW 26.04.150 through 26.04.190.
[ 1985 c 82 § 1; 1939 c 204 § 2; RRS § 8450-1. Prior: Code 1881 § 2390; 1866 p 83 § 12.]
Finalizing the Union
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
After the ceremony has concluded, the officiant must attend to a few remaining tasks to ensure the union is legally recognized. First, immediately after the ceremony, the officiant should oversee the signing of the marriage license by both the couple and the witnesses. It is imperative to watch carefully because any omissions or mistakes can result in the need for a new license.
Next, the minister should complete the officiant section of the marriage license. Requested information will likely include name, title ("minister"), and ordaining body ("Universal Life Church Ministries"). Please note that if the address of the minister's church is requested, it is best to use your own address rather than that of the ULC headquarters in the case they need to contact you.
Once the marriage license is completed, either the couple or the minister can return it to the county office that issued it. It must be returned within the mandated timeframe of 60 days from issuance, and any failure to do so can result in criminal charges of negligence or malice against the officiant, as well as a fine of up to $300. For these reasons, most ministers choose to complete the task themselves.
While officiants are not required to report any information about planned or completed weddings to the Universal Life Church, ULC does recommend that each minister keep a detailed record of every ceremony performed. This is especially critical when there is payment for services or a signed contract involved.
RCW 26.04.110
Any person solemnizing a marriage, who shall wilfully refuse or neglect to make and deliver to the county auditor for record, the certificates mentioned in RCW 26.04.090, within the time in such section specified, shall be deemed guilty of a misdemeanor, and upon conviction shall pay for such refusal, or neglect, a fine of not less than twenty-five nor more than three hundred dollars.
[ 1967 c 26 § 6; 1947 c 59 § 3; 1886 p 66 § 2; Code 1881 § 2387; 1866 p 83 § 9; Rem. Supp. 1947 § 8447.]