Age Requirements and Who Can Marry

1. What are the minimun ages for applicants?
Both must be 18 years of age or older.

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 and proof of age. (drivers license and birth certificate)

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. You must come to the Auditor's Office Marriage Division for the under-age packet of materials to be completed.

4. What is the age requirement of witnesses?
Although State law does not specify the age of witnesses, they are witnessing a civil contract. A witness is deemed 'competent' for this purpose usually at the age of 18, however applicants who 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 certificate.

5. Can persons of the same sex marry?
No. Same sex marriages are not recognized in Washington State.

7. If the applicants are divorced, do they need to provide divorce papers?
No.

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.

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.

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?
Yes.

13. Can a minister from a church from another State perform a wedding in Washington State?
Yes.

14. Does an out-of state minister need to register here in Washington State to perform the marriage ceremony?
No. (See answer to number 11.)

15. Can a retired Washington State judge perform a wedding?
Yes.

16. Can a pro-tem Washington State judge perform a wedding?
Yes.

17. Can a ship captain perform a marriage ceremony?
No.

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.

23. Are marriage records open for the public to see?
Yes, with one major exception. Program participants of the State's Domestic Violence Protection 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?
Pierce County provides application information to the print media.

25. What if someone wants a copy of their marriage application?
By State law, marriage applications are retained for six years, however in Pierce County they are kept permanently. Copies can be obtained from the Pierce County Auditor?s Office Marriage License Division. Marriage Certificates are kept permanently. The certificates are retained in the county where the license was purchased.