What Are the Legal Requirements to Get Married in Washington?

Getting married in Washington is simpler than most people expect, but the state does have firm rules about who can marry, how you get a license, and when the ceremony can happen. Missing one of them can invalidate the marriage or force you to reschedule the big day. The Law Office of Chad Foster helps Snohomish County clients with divorce and family-law matters.

To marry in Washington, both people must be at least 18 years old, legally free to marry, and capable of consenting. You need a marriage license from a county auditor, you must wait three days after applying before you can use it, and the ceremony must happen within 60 days of issuance, performed by someone the law authorizes to solemnize marriages. This article walks through each requirement and what happens when one is not met.

Both Spouses Must Be at Least 18

Washington law defines marriage as a civil contract between two persons who have each reached 18 years of age and who are otherwise capable. That rule comes from RCW 26.04.010, the state's core marriage statute. In 2024, the legislature amended it to eliminate underage marriage entirely: any marriage entered into on or after June 6, 2024 in which either party is under 18 is void. Not voidable, not fixable with parental consent, but void from the start. Washington previously allowed 17-year-olds to marry with parental consent and younger teens with a court order. That era is over. For related guidance, see How Do I Get a Marriage Annulled in Washington.

The "otherwise capable" language matters too. Each person must be able to understand what marriage is and consent to it freely. A marriage where one party lacked that understanding, or consented only because of force or fraud, is voidable under RCW 26.04.130, meaning the affected spouse can ask a court to undo it. For related guidance, see Residency requirements for Snohomish divorce.

You Must Be Legally Free to Marry Each Other

RCW 26.04.020 lists the marriages Washington prohibits. You cannot marry while you are still married to someone else or still in a registered domestic partnership with someone other than your intended spouse. You also cannot marry close relatives: siblings, children, grandchildren, aunts, uncles, nieces, nephews, or anyone closer in kinship than second cousins.

A marriage that is bigamous or between the listed close relatives is not recognized, even if it was valid where it was performed. Washington generally honors marriages lawfully entered in other states and countries, but under RCW 26.04.020(3) bigamous marriages and marriages between the relatives on that list are the exception. If you want the full picture of which marriages Washington refuses to recognize, see the companion article on void and prohibited marriages in Washington.

Same-sex couples have married in Washington since late 2012, when voters approved Referendum 74. RCW 26.04.010 directs that gender-specific terms throughout Washington law be read as gender neutral, so every rule described here applies to all couples equally.

The Marriage License

Before anyone can be joined in marriage, the couple must get a license from a county auditor. That requirement sits in RCW 26.04.140. You do not need to apply in the county where you live or where the wedding will be: a license from any Washington county auditor works statewide. Couples in Snohomish County typically apply through the auditor's office in Everett, and both partners complete the application under oath.

There is no residency requirement, no blood test, and no requirement that you be a U.S. citizen. Out-of-state couples can travel here, apply, and marry, as long as they follow the same timing rules as everyone else.

The Three-Day Wait and the 60-Day Clock

RCW 26.04.180 sets two deadlines every couple should plan around. First, a marriage license may not be used until three days after the date of application. The auditor can hand you the license immediately, but the ceremony cannot lawfully happen during that three-day window. Second, the license becomes void if the marriage is not solemnized within 60 days of issuance. Miss the window and you must apply, and pay, again.

The practical takeaway: apply at least a week before the wedding, but not more than about eight weeks out.

Who Can Perform the Ceremony

Washington authorizes a broad range of officiants under RCW 26.04.050: active or retired justices and judges of the state supreme court, court of appeals, and superior courts, court commissioners, judges of courts of limited jurisdiction such as district and municipal courts, federal judges, tribal court judges of federally recognized tribes, and regularly licensed or ordained ministers, priests, imams, rabbis, and similar officials of any religious organization.

Washington does not require a specific script. Under RCW 26.04.070, the couple simply must declare, in the presence of the officiant and at least two witnesses, that they take each other as spouses. A purely religious ceremony without a license does not create a legal marriage, and a license without a solemnized ceremony does not either. You need both.

One thing Washington does not offer is common law marriage. No matter how long a couple lives together, cohabitation alone never ripens into marriage here, although long-term unmarried couples may have property rights when they separate under the committed intimate relationship doctrine, which the Supreme Court recognized (under its older name, the meretricious relationship) in Connell v. Francisco, 127 Wn.2d 339 (1995).

What Happens When a Requirement Is Missed

The consequences depend on which rule was broken. A marriage involving a party under 18, an existing spouse or domestic partner, or a prohibited degree of kinship is void: legally, it never existed, though a court can still be asked to declare its invalidity and sort out property and children under RCW 26.09.040. A marriage tainted by incapacity, force, or fraud is voidable, and only the wronged spouse can challenge it. And a ceremony performed by someone claiming to be a minister or other religious official who turned out to lack authority does not doom the marriage if either party believed in good faith that they were being lawfully joined, a protection written into RCW 26.04.060.

If you are facing one of these situations, the article on how to get a marriage annulled in Washington explains the court process for declaring a marriage invalid.

Planning Ahead Protects More Than the Wedding Day

Marriage changes your legal life: your property becomes subject to Washington's community property system, your estate plan shifts, and your rights and obligations toward your spouse begin immediately. Couples who own homes, businesses, or significant separate assets often pair the license application with a prenuptial agreement conversation, and blended families should revisit wills and beneficiary designations before the ceremony rather than after.

If you are marrying in Snohomish County and want to understand how the marriage will affect your property, your estate plan, or a prenuptial agreement, the Law Office of Chad Foster can help you start the marriage on solid legal footing. Call 425.785.8679 to talk through your situation before the big day.