Legal Question in Family Law in Washington

Re: Common Law Marriage in Washington State

There is no common law marriage in Washington State, unless you established a common law marriage in another state in conformity with the laws of that other State and then moved to Washington. Then Washington Courts will recognize it, but do be prepared to prove it. There are in Washington rules (derived from court cases) that recognize certain rights of people in meretricious relationships. They are less/different than those of married parties, and some presumptions go the opposite direction that they go in the dissolution of a marriage (e.g. title to property is more important in a meretricious relationship than in a marriage, no spousal maintenance (or comparable support) is provided, etc).

Re: Common Law Marriage in Washington State

The common law marriages of other states are recognized in Washington, but you cannot be considered to have obtained a common law marriage by spending any amount of time together in Washington.

As an example, if you lived for X years in Nebraska (assuming Nebraska has a common law marriage statute) and that qualifies you for a Nebraska common law marriage that Nebraska uses to consider you married, then Washington will recognize that marriage.

To answer your second questions, once Washington recognizes a common law marriage, the spouses have the same rights are other married persons.