Legal Question in Family Law in Washington
what constitutes a legal marriage?
If a couple applies for a marriage license and goes through the cerimony but decides that they would rather hold off and wed in front of family instead of just friends, the marriage license is NEVER filed with the auditors office and the couple breaks up are they legaly married? They have never lived together as husband and wife, have never considered themselves married, have no children, and have never purchased anything together. Do they need to file for divorce, have they ever been legaly married?
1 Answer from Attorneys
Re: what constitutes a legal marriage?
You'll want to go read a Washington case from 1909 called "In re Hollopeter" where the issue of whether a marriage is valid where there is no marriage license is discussed.
The question of whether they were "legally" married turns on whether there was a public ceremony where each promised to wed, etc. That moment - and being in public - seems to be the crux of it, not the license itself, contrary to popular opinion.
In your hypothetical, the parties go through the ceremony. How, exactly did the license come to *not* get filed?
They are married but because of the rest of your hypo - never lived together, have not purchased anything, no kids, etc. . . that suggests an annulment might be in order.
Based on what I know from personal experience litigating a similar fact pattersn, because they are married, they will need to get divorced.
They *have* been legally married. In my opinion. Hope that helps. And my answer could well change with more facts.
Elizabeth Powell
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