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Is it possible to keep our marriage records and applications confidential in Washington?

Is it possible to keep our marriage records and applications confidential in Washington?

Q: Can a confidential marriage ever be discovered?

Yes, a confidential marriage can be discovered under specific circumstances. Law enforcement agencies can request access to the records, and a court can also issue an order to disclose the information. Therefore, while the records are generally kept confidential, they are not completely immune from legal scrutiny.

Q: How long do you have to live with someone to be considered married in Washington?

In Washington, living together for a certain period does not automatically create a marriage. Instead, you must obtain a marriage license and follow the legal process to be recognized as married. Common law marriage is not recognized in Washington, so cohabitation alone does not confer marital status.

Q: Can a marriage be kept secret in the US?

While marriage records are generally public in the U.S., certain states, like Washington, allow for confidential marriages. However, this confidentiality has limits, as law enforcement and courts can access these records if necessary. Therefore, while you can keep a marriage relatively private, it is not entirely secret.

Q: Can a confidential marriage be discovered?

Yes, a confidential marriage can be discovered under certain conditions. Law enforcement agencies may request access to the records, and a court can order the disclosure of information. Thus, while confidentiality protects the records from public access, it does not make them completely undiscoverable.

Full question:

My boyfriend and I are residents of Washington. We are getting married next month. We would like to keep our marriage records and applications confidential. Is it possible?

Category: Marriage
Subcategory: Confidential
Date: 04/07/2025
State: Washington

Answer:

Yes, in Washington, by notifying the appropriate county auditor, the marriage application and records shall be kept confidential and will not be made available for inspection per the Annotated Revised Code for Washington §26.04.175. It reads:

“If a program participant under chapter 40.24 RCW notifies the appropriate county auditor as required under rules adopted by the secretary of state, the county auditor shall not make available for inspection or copying the name and address of a program participant contained in marriage applications and records filed under chapter 26.04
RCW, except under the following circumstances:

(1) If requested by a law enforcement agency, to the law enforcement agency; and
(2) If directed by a court order, to a person identified in the order.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of confidential marriage?

One disadvantage of a confidential marriage is that it may limit access to certain legal benefits, such as spousal rights in inheritance or insurance claims, since the marriage may not be publicly recognized. Additionally, if a dispute arises, proving the marriage could be challenging without public records. Confidential marriages can also complicate matters like divorce proceedings, as the lack of public documentation may hinder the legal process.

Can a confidential marriage ever be discovered?

How long do you have to live with someone to be considered married in Washington?

Can a marriage be kept secret in the US?

Can a confidential marriage be discovered?

What requires proof of marriage?

Proof of marriage typically requires a marriage certificate, which is an official document issued by the state after the marriage ceremony. This certificate serves as legal evidence of the marriage. In some cases, additional documentation, such as a marriage license or witnesses' statements, may also be necessary to establish the validity of the marriage.