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Age Requirements and Who Can Marry
1. What are the minimum ages for applicants?
2. What if one of applicants is 17? Can he/she get a license?
Yes, as long as parent (legal custodian) is present with the applicant and provides their consent.
3. What if one of the applicants is under 17? Can they get a license?
Only when the age requirement is waived by a superior court judge of the county in which one of the parties resides. If both applicants reside in Grant County, for example, permission must be sought from Grant County Superior Court. In King County, applicants should call King County Superior Court, Family Court Section, 296-9390.
4. What ages are the witnesses required to be?
Although the State law does not specify the age of witnesses, the witnesses are witnessing a civil contract. As such, a witness is deemed "competent" for this purpose usually at the age of 18. If applicants wish to have their children or another party who is under the age of 18 be their bridesmaid or best man, we recommend they have two other witnesses who are over 18 and who also observed the exchange of vows (marriage) sign the marriage certificates.
5. Can persons of the same sex marry?
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Residency Requirements
6. Do applicants have to reside in Washington State?
No. There is no residency requirement to obtain a Washington State marriage license. However, the marriage ceremony must be performed in Washington State.
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Divorced Applicants
7. If the applicants are divorced, do they need to provide divorce papers?
8. Under what circumstances can a person apply for a marriage license before they are divorced?
Under no circumstances. A divorce must be final and filed before applicants can apply for a license. If a divorce is granted, and the paperwork filed on a Tuesday, for example, the couple must wait until Wednesday to file an application.
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3-Day Waiting Period
9. Under what circumstances can the 3-day waiting period be waived?
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Who Can Perform the Marriage Ceremony?
10. Who is authorized to perform marriages?
State law prescribes who can marry. Under
R.C.W. 26.04.050, active and retired justices of the supreme court,
judges of the court of appeals, judges of the superior courts,
superior court commissioners, any regularly licensed or ordained
minister or any priest of any church or religious denomination,
and judges of courts of limited jurisdiction may perform marriages. Download the list of King County District Court judges (PDF) and the list of King County Superior Court judges who perform marriage ceremonies.
11. How does one check to see if their minister is "licensed" to perform a marriage?
Washington State does not "license" persons who are authorized to perform marriages. In this sense, the word "license" is not an official governmental function of issuing a license or permission to perform marriages, but more a function of recognition by the religious affiliation. It is the person within the religious affiliation who is recognized or granted the power (consequently, "licensed" by the religious affiliation) to officiate over wedding ceremonies.
12. Can a judge from another State perform weddings in Washington State?
13. Can a minister from a church from another State perform a wedding in Washington State.
14. Does an out-of state minister need to register here in Washington State to perform the marriage ceremony?
15. Can a retired Washington State judge perform a wedding?
16. Can a pro-tem Washington State judge perform a wedding?
17. Can a ship captain perform a marriage ceremony?
18. If the bride or groom or witnesses themselves are authorized to perform marriages (because they are a minister, judge, etc.), can they perform the ceremony?
No. The bride, groom, and two witnesses cannot officiate over the marriage ceremony, even if they are capable.
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The Marriage Ceremony
19. Is there a special form the marriage ceremony must take?
The only requirement during the marriage ceremony is that the bride and groom each declare, in the presence of two witnesses and the officiant, that they take each other to be husband and wife.
20. Can the marriage ceremony be on a boat as long as there is a qualified officiant?
Yes, but the marriage ceremony must take place in Washington State waters.
21. Can a marriage be performed by proxy?
No. Proxy marriages (where someone stands in for the other party) are not recognized. The two parties must be present before the two witnesses and the officiant in order for the ceremony to be performed.
22. Can the marriage license be used in another State? Another Country?
No. This is a Washington State marriage license. The ceremony must be performed in Washington State.
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Public Disclosure of Marriage Records
23. Are marriage records open for the public to see?
Yes, with one major exception. Participants of the Office of the Secretary of State Address Confidentiality Program may have their marriage records excluded from the public filing. Only active participants are included. If the marriage license was obtained prior to becoming an active participant, the record cannot be "unrecorded."
24. What if the applicants do not want their names in the newspaper?
The local newspapers no longer print lists of marriage applicants. (Divorce records are also not printed.) They still have the paid announcements if one should wish to "advertise" their marriage. Smaller Washington State counties still print lists of marriage applicants.
25. What if someone wants a copy of their marriage application?
By State law, marriage applications are retained for six years. Copies can be obtained from the Records Division. Marriage certificates, on the other hand, are permanent records.
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Marriage License Fee
26. What is the marriage license fee?
On January 1, 2008, the fee increased to $64. Payment is by cash only in downtown Seattle, and by cash or local, personal check with local identification at any Community Service Center.
27. Who establishes the marriage license fee?
28. What portion of the fee is set by the Counties?
State law authorizes Counties to collect up to $8 for processing marriage licenses, $8 to be used for Family Court, $15 to be used for family services in the County, $2 for the King County Council, and $4 for recording fees.
29. How is the fee divided up? Where does the money go?
King County:
$8 General Fund
$8 Family Court
$4 Records Preservation Fund
$2 King County Council
$15 Family Services
State of Washington:
$10 Displaced Homemaker program
$5 Child Abuse program
$4 Centennial Records Preservation program
$4 State Archives
$4 Washington State Heritage Center
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