Legal Question in Family Law in Washington

Re: WA State marriage

As a matter of fact, I have encountered nearly this situation and there are kids, too.

He relies on the fact that there is no license to assert that there is therefore no marriage, even though there was a ceremony.

She believed him. So, when the relationship ended she told her (then) attorney, "we weren't married", so the attorney filed a parentage action and a meretricious relationship action.

The parentage is nearly resolved and the other action goes to trial later this year.

I briefed the issue of whether the marriage turns on the license, and learned WA caselaw says no. The authority comes from a 1909 case called In re Hollopeter, which has a nice explanation of why. A marriage is valid even if the license was not obtained, or obtained by fraud is the basic holding.

Marriage is a change of legal status for both parties, more than a contract.

Annulments happen on different grounds - usually that one party had no capacity to marry, or one fraudulently induced the other, or was all ready married, or duress (I suppose). A marriage without a license isn't unlawful, or not binding, it's just harder to prove.

And very exciting to end.

If you want my SJ brief, contact me on line. This is public record. Hope this helps. Elizabeth Powell