26 chapters · 696 sections in this title.
RCW 26.04.007 Definition—Religious organization.
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For purposes of this chapter, "religious organization" includes, but is not limited to, churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities w…
RCW 26.04.010 Marriage contract—Void marriages—Construction of gender-specific terms—Recognition of solemnization of marriage not required.
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(1) Marriage is a civil contract between two persons who have each attained the age of 18 years, and who are otherwise capable.(2) Every marriage entered into in which either person has not attained the age of 18 years is void.(3) Where necessary to implement the rights and respo…
RCW 26.04.020 Prohibited marriages.
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(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 t…
RCW 26.04.050 Who may solemnize.
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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 c…
RCW 26.04.060 Marriage before unauthorized cleric—Effect.
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A marriage solemnized before any person professing to be a minister or a priest, imam, rabbi, or similar official of any religious organization in this state or professing to be an authorized officer thereof, is not void, nor shall the validity thereof be in any way affected on a…
RCW 26.04.070 Form of solemnization.
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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 p…
RCW 26.04.080 Marriage certificate—Contents.
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The person solemnizing a marriage shall give to each of the parties thereto, if required, a certificate thereof, specifying 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 ther…
RCW 26.04.090 Certificate for files of county auditor and state registrar of vital statistics—Forms.
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A person solemnizing a marriage shall, within thirty days thereafter, make and deliver to the county auditor of the county wherein the license was issued a certificate for the files of the county auditor, and a certificate for the files of the state registrar of vital statistics.…
RCW 26.04.100 Filing and recording—County auditor.
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The county auditor shall file said certificates and record them or bind them into numbered volumes, and note on the original index to the license issued the volume and page wherein such certificate is recorded or bound. He or she shall enter the date of filing and his or her name…
RCW 26.04.105 Preservation of copies of applications and licenses—County auditor.
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The county auditor may preserve copies of marriage license applications submitted and marriage licenses issued under this chapter in the same manner as authorized for the recording of instruments under RCW 65.04.040.[ 1985 c 44 s 1.]
RCW 26.04.110 Penalty for failure to deliver certificates.
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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…
RCW 26.04.120 Marriage according to religious ritual.
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All marriages to which there are no legal impediments, solemnized before or in any religious organization or congregation, according to the established ritual or form commonly practiced therein, are valid, and a certificate containing the particulars specified in RCW 26.04.080 an…
RCW 26.04.130 Voidable marriages.
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When either party to a marriage shall be incapable of consenting thereto, for want of a sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability, o…
RCW 26.04.140 Marriage license.
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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 s 1; 1939 c 204 s 2; RRS s 8450-1. Prior: Code 1881 s 2390; 1866 p 83 s 12.]
RCW 26.04.150 Application for license—May be secured by mail—Execution and acknowledgment.
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Any person may secure by mail from the county auditor of the county in the state of Washington where he or she intends to be married, an application, and execute and acknowledge said application before a notary public.[ 2011 c 336 s 685; 1963 c 230 s 2; 1939 c 204 s 3; RRS s 8450…
RCW 26.04.160 Application for license—Contents—Oath.
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(1) Application for a marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each application shall state the name, add…
RCW 26.04.165 Additional marriage certificate form.
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In addition to the application provided for in RCW 26.04.160, the county auditor for the county wherein the license is issued shall submit to each applicant at the time for application for a license the Washington state department of health marriage certificate form provided by t…
RCW 26.04.170 Inspection of applications.
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Any such application shall be open to public inspection as a part of the records of the office of such county auditor.[ 1985 c 82 s 3; 1939 c 204 s 5; RRS s 8450-4.]
RCW 26.04.175 When disclosure of marriage applications and records prohibited.
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If a program participant under chapter 40.24 RCW notifies the appropriate county auditor as required under rules adopted by the secretary of state, the county auditor shall not make available for inspection or copying the name and address of a program participant contained in mar…
RCW 26.04.180 License—Time limitations as to issuance and use—Notification.
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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…
RCW 26.04.190 Refusal of license—Appeal.
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Any county auditor is hereby authorized to refuse to issue a license to marry if, in his or her discretion, the applications executed by the parties or information coming to his or her knowledge as a result of the execution of said applications, justifies said refusal: PROVIDED, …
RCW 26.04.200 Penalty for violations—1939 c 204.
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Any person intentionally violating any provision of RCW 26.04.140 through 26.04.190 shall be guilty of a misdemeanor.[ 1939 c 204 s 8; RRS s 8450-7.]Notes:Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
RCW 26.04.210 Affidavits required for issuance of license—Penalties.
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(1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing …
RCW 26.04.220 Retention of license by person solemnizing—Auditor's record.
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The person solemnizing the marriage is authorized to retain in his or her possession the license, but the county auditor who issues the same, before delivering it, shall enter in his or her marriage record a memorandum of the names of the parties, the consent of the parents or gu…
RCW 26.04.240 Penalty for unlawful solemnization—Code 1881.
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Any person who shall undertake to join others in marriage knowing that he or she is not lawfully authorized so to do, or any person authorized to solemnize marriage, who shall join persons in marriage contrary to the provisions of *this chapter, shall, upon conviction thereof, be…
RCW 26.04.250 Penalty for unlawful solemnization—1909 c 249.
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Every person who shall solemnize a marriage when either party thereto is known to him or her to be under the age of legal consent or a marriage to which, within his or her knowledge, any legal impediment exists, shall be guilty of a gross misdemeanor.[ 2011 c 336 s 689; 1979 ex.s…
RCW 26.04.260 Recognition of a legal union.
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If two persons in Washington have a legal union, other than a marriage, that:(1) Was validly formed in another state or jurisdiction;(2) Provides substantially the same rights, benefits, and responsibilities as a marriage; and(3) Does not meet the definition of domestic partnersh…
RCW 26.04.900 Construction—Religious organization.
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"Religious organization" as defined in this chapter must be interpreted liberally to include faith-based social service organizations involved in social services directed at the larger community.[ 2012 c 3 s 3 (Referendum Measure No. 74, approved November 6, 2012).]Notes:Notice—2…