title: RCW 25.15.301

text:
(1) A dissolved limited liability company that has filed a certificate of dissolution with the secretary of state may dispose of the known claims against it by following the procedure described in subsection (2) of this section.
(2) A dissolved limited liability company may notify its known claimants of the dissolution in a record. The notice must:
(a) Specify the information required to be included in a known claim;
(b) Provide a mailing address to which the known claim must be sent;
(c) State the deadline for receipt of the known claim, which may not be fewer than one hundred twenty days after the date the notice is received by the claimant; and
(d) State that the known claim will be barred if not received by the deadline.
(3) A known claim against a dissolved limited liability company is barred if the requirements of subsection (2) of this section are met and:
(a) The known claim is not received by the specified deadline; or
(b) In the case of a known claim that is timely received but rejected by the dissolved limited liability company, the claimant does not commence an action to enforce the known claim against the limited liability company within ninety days after the receipt of the notice of rejection.
(4) For purposes of this section, "known claim" means any claim or liability that either:
(a)(i) Has matured sufficiently, before or after the effective date of the dissolution, to be legally capable of assertion against the dissolved limited liability company, whether or not the amount of the claim or liability is known or determinable; or (ii) is unmatured, conditional, or otherwise contingent but may subsequently arise under any executory contract to which the dissolved limited liability company is a party, other than under an implied or statutory warranty as to any product manufactured, sold, distributed, or handled by the dissolved limited liability company; and
(b) As to which the dissolved limited liability company has knowledge of the identity and the mailing address of the holder of the claim or liability and, in the case of a matured and legally assertable claim or liability, actual knowledge of existing facts that either (i) could be asserted to give rise to, or (ii) indicate an intention by the holder to assert, such a matured claim or liability.
[ 2015 c 188 s 59.]

catchline: Disposition of known claims—Definition.


doc_type: statute

jurisdiction: wa

title: RCW 25.15.305

text:
(1) Upon the winding up of a limited liability company, the assets are distributed as follows:
(a) To creditors, including members and managers who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the limited liability company, whether by payment or the making of reasonable provision for payment thereof, other than liabilities for which reasonable provision for payment has been made and liabilities for distributions to members under RCW 25.15.211 or 25.15.226;
(b) To members and former members in satisfaction of liabilities for distributions under RCW 25.15.211 or 25.15.226; and
(c) To members first for the return of their contributions and second respecting their limited liability company interests, in the proportions in which the members share in distributions.
(2) A limited liability company that has dissolved must pay or make reasonable provision to pay all claims and obligations, including all contingent, conditional, or unmatured claims and obligations, known to the limited liability company and all claims and obligations which are known to the limited liability company but for which the identity of the claimant is unknown. A limited liability company shall not be required to make provision to pay claims that are or later become barred under RCW 25.15.301 or 25.15.309 or other applicable law. If there are sufficient assets, such claims and obligations must be paid in full and any such provision for payment made must be made in full. If there are insufficient assets, such claims and obligations must be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets must be distributed as provided in this chapter. Any person winding up a limited liability company's affairs who has complied with this section is not personally liable to the claimants of the dissolved limited liability company by reason of such person's actions in winding up the limited liability company.
[ 2015 c 188 s 60.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Distribution of assets.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 25.15.309

text:
(1) A claim against a dissolved limited liability company is barred if the limited liability company has filed a certificate of dissolution under RCW 25.15.269 that has not been revoked under RCW 25.15.294, and an action or other proceeding thereon is not commenced within three years after the filing of the certificate of dissolution.
(2) The dissolution of a limited liability company does not take away or impair any remedy available to or, except as provided in subsection (1) of this section or RCW 25.15.301, against that limited liability company, its managers, or its members for any right or claim existing, or any liability incurred at any time, whether prior to or after dissolution. Such an action or proceeding by or against the limited liability company may be prosecuted or defended by the limited liability company in its own name.
[ 2015 c 188 s 61.]

catchline: Remedies available after distribution.


title: RCW 25.15.316

text:
A foreign limited liability company registered to do business in this state is subject to RCW 23.95.500 relating to the effect of registration and the governing law for registered foreign limited liability companies.
[ 2015 c 176 s 7117; 2015 c 188 s 62.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Law governing.


title: RCW 25.15.321

text:
Before doing business in this state, a foreign limited liability company must register with the secretary of state in accordance with Article 5 of chapter 23.95 RCW.
[ 2015 c 176 s 7118; 2015 c 188 s 63.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Registration required.


title: RCW 25.15.331

text:
(1) A foreign limited liability company may register with the secretary of state under any name that complies with RCW 23.95.525 and Article 3 of chapter 23.95 RCW.
(2) Each foreign limited liability company must continuously maintain in this state a registered agent in accordance with Article 4 of chapter 23.95 RCW.
(3) A foreign limited liability company may change its registered agent by delivering to the secretary of state for filing a statement of change in accordance with RCW 23.95.430.
(4) A registered agent of a foreign limited liability company may change its information on file with the secretary of state in accordance with RCW 23.95.435 or 23.95.440.
(5) A registered agent of any foreign limited liability company may resign as agent by executing and delivering to the secretary of state for filing a statement of resignation in accordance with RCW 23.95.445.
[ 2015 c 176 s 7119; 2015 c 188 s 65.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Name—Registered agent.


title: RCW 25.15.336

text:
A registered foreign limited liability company must amend its foreign registration statement under the circumstances provided in RCW 23.95.515.
[ 2015 c 176 s 7120; 2015 c 188 s 66.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Amendments to application.


title: RCW 25.15.341

text:
A foreign limited liability company may withdraw its registration by delivering to the secretary of state for filing a statement of withdrawal in accordance with RCW 23.95.530.
[ 2015 c 176 s 7121; 2015 c 188 s 67.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Withdrawal of registration.


title: RCW 25.15.346

text:
A foreign limited liability company doing business in this state without registering with the secretary of state is subject to RCW 23.95.505.
[ 2015 c 176 s 7122; 2015 c 188 s 68.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Doing business without registration.


title: RCW 25.15.351

text:
A foreign limited liability company may be enjoined from doing business in this state under RCW 23.95.555.
[ 2015 c 176 s 7123; 2015 c 188 s 69.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Enjoinder from doing business in this state.


title: RCW 25.15.356

text:
A nonexhaustive list of activities that do not constitute transacting business in this state is provided in RCW 23.95.520.
[ 2015 c 176 s 7124; 2015 c 188 s 70.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Activities not constituting transacting business.


title: RCW 25.15.361

text:
Service of process, notice, or demand required or permitted by law to be served on the foreign limited liability company may be made in accordance with RCW 23.95.450.
[ 2015 c 176 s 7125; 2015 c 188 s 71.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Service of process on registered foreign limited liability companies.


title: RCW 25.15.367

text:
Any foreign limited liability company which does business in this state without having registered under Article 5 of chapter 23.95 RCW has thereby consented to service of legal process in accordance with RCW 23.95.450 in any civil action, suit, or proceeding against it in any state or federal court in this state arising or growing out of any business done by it within this state. The doing of business in this state by such foreign limited liability company is a signification of the agreement of such foreign limited liability company that any such process when so served is of the same legal force and validity as if served upon a registered agent personally within this state.
[ 2015 c 176 s 7126; 2015 c 188 s 72.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Service of process on unregistered foreign limited liability companies.


title: RCW 25.15.371

text:
The secretary of state may terminate the registration of a foreign limited liability company registered in this state under the circumstances and procedures specified in RCW 23.95.550.
[ 2015 c 176 s 7127; 2015 c 188 s 73.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Termination of registration.


title: RCW 25.15.386

text:
A member may bring a derivative action to enforce a right of a limited liability company if:
(1) The member first makes a demand on the members in a member-managed limited liability company, or on the managers of a manager-managed limited liability company, requesting that they cause the limited liability company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or
(2) A demand would be futile.
[ 2015 c 188 s 75.]

catchline: Right to bring action.


title: RCW 25.15.391

text:
In a derivative action, the plaintiff must be a member at the time of bringing the action and:
(1) At the time of the transaction of which the plaintiff complains; or
(2) The plaintiff's status as a member had devolved upon the person by operation of law or pursuant to the terms of a limited liability company agreement from a person who was a member at the time of the transaction.
[ 2015 c 188 s 76.]

catchline: Proper plaintiff.


title: RCW 25.15.396

text:
In a derivative action, the complaint must set forth with particularity:
(1) The date and content of plaintiff's demand and the members' or managers' response to the demand; or
(2) Why a demand should be excused as futile.
[ 2015 c 188 s 77.]

catchline: Complaint.


title: RCW 25.15.401

text:
If a derivative action is successful, in whole or in part, as a result of a judgment, compromise, or settlement of any such action, the court may award the plaintiff reasonable expenses, including reasonable attorneys' fees, from the recovery of the limited liability company.
[ 2015 c 188 s 78.]

catchline: Expenses.


title: RCW 25.15.411

text:
In this article:
(1) "Constituent limited liability company" means a limited liability company that is a party to a merger.
(2) "Constituent organization" means an organization that is party to a merger.
(3) "Converted organization" means the organization into which a converting organization converts under RCW 25.15.436 through 25.15.451.
(4) "Converting limited liability company" means a converting organization that is a limited liability company.
(5) "Converting organization" means an organization that converts into another organization pursuant to RCW 25.15.436.
(6) "Governing statute" of an organization means the statute that governs the organization's internal affairs.
(7) "Organization" means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; or any other person having a governing statute. The term includes domestic and foreign organizations whether or not formed for profit.
(8) "Organizational documents" means:
(a) For a domestic or foreign general partnership, its partnership agreement;
(b) For a limited partnership or foreign limited partnership, its certificate of limited partnership and partnership agreement;
(c) For a domestic or foreign limited liability company, its certificate of formation and limited liability company agreement, or comparable records as provided in its governing statute;
(d) For a business trust, its agreement of trust and declaration of trust;
(e) For a domestic or foreign corporation for profit, its articles of incorporation, bylaws, and other agreements among its shareholders which are authorized by its governing statute, or comparable records as provided in its governing statute; and
(f) For any other organization, the basic records that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it.
(9) "Personal liability" means personal liability for a debt, liability, or other obligation of an organization which is imposed on a person that co-owns, has an interest in, or is a member of the organization:
(a) By the organization's governing statute solely by reason of the person co-owning, having an interest in, or being a member of the organization; or
(b) By the organization's organizational documents under a provision of the organization's governing statute authorizing those documents to make one or more specified persons liable for all or specified debts, liabilities, and other obligations of the organization solely by reason of the person or persons co-owning, having an interest in, or being a member of the organization.
(10) "Surviving organization" means an organization into which one or more other organizations are merged.
[ 2015 c 188 s 79.]

catchline: Definitions.


title: RCW 25.15.416

text:
(1) A limited liability company may merge with one or more other constituent organizations pursuant to this section and RCW 25.15.421 through 25.15.431 and a plan of merger, if:
(a) The governing statute of each of the other organizations authorizes the merger;
(b) The merger is not prohibited by the law of a jurisdiction that enacted any of those governing statutes; and
(c) Each of the other organizations complies with its governing statute in effecting the merger.
(2) The plan of merger must be in a record and must set forth:
(a) The name and form of each constituent organization;
(b) The name and form of the surviving organization;
(c) The terms and conditions of the merger, including the manner and basis of converting the interests in each constituent organization into any combination of the interests, shares, obligations, or other securities of the surviving organization or any other organization or into cash or other property in whole or part; and
(d) Any amendments to be made by the merger to the surviving organization's organizational documents.
(3) The plan of merger may set forth other provisions relating to the merger.
[ 2015 c 188 s 80.]

catchline: Merger—Plan.


title: RCW 25.15.421

text:
(1) A plan of merger of a constituent limited liability company must be approved, and such approval shall occur when:
(a) The plan is approved by a majority of the members; and
(b) Any written consents required by RCW 25.15.456 have been obtained.
(2) Subject to RCW 25.15.456 and any contractual rights, after a merger is approved, and at any time before a filing is made under RCW 25.15.426, a constituent limited liability company may amend the plan or abandon the planned merger:
(a) As provided in the plan; and
(b) Except as prohibited by the plan, with the same approval as was required to approve the plan.
(3) If a domestic limited partnership is a party to the merger, the plan of merger must be adopted and approved as provided in RCW 25.10.781.
(4) If a domestic corporation is a party to the merger, the plan of merger must be adopted and approved as provided in *chapter 23B.11 RCW.
(5) If a domestic partnership is a party to the merger, the plan of merger must be approved as provided in RCW 25.05.375.
[ 2015 c 188 s 81.]
Notes:
*Reviser's note: Chapter 23B.11 RCW was repealed in its entirety by 2024 c 22 s 13. For later enactment, see chapter 23B.11A RCW.

catchline: Merger—Plan—Approval.


title: RCW 25.15.426

text:
(1) After each constituent organization has approved a merger, articles of merger must be executed on behalf of each constituent organization by an authorized representative.
(2) The articles of merger must include:
(a) The name and form of each constituent organization and the jurisdiction of its governing statute;
(b) The name and form of the surviving organization and the jurisdiction of its governing statute;
(c) The date the merger is effective under the governing statute of the surviving organization;
(d) Any amendments provided for in the plan of merger for the organizational document that created the surviving organization;
(e) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute;
(f) If the surviving organization is a foreign organization not registered to transact business in this state, the street and mailing address of the surviving organization's principal office for the purposes of service of process under RCW 23.95.450; and
(g) Any additional information required by the governing statute of any constituent organization.
(3) The surviving organization must deliver the articles of merger for filing in the office of the secretary of state.
(4) The effective time of a merger is:
(a) If the surviving organization is a limited liability company, upon the later of:
(i) Filing of the articles of merger in the office of the secretary of state; or
(ii) Subject to subsection (5) of this section, as specified in the articles of merger; or
(b) If the surviving organization is not a limited liability company, as provided by the governing statute of the surviving organization.
(5) If the articles of merger do not specify a delayed effective date, the articles of merger become effective upon filing as provided in RCW 23.95.210. The articles of merger may specify a delayed effective time and date in accordance with RCW 23.95.210.
[ 2015 c 176 s 7128; 2015 c 188 s 82.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Articles of merger—Filing—Effective date.


title: RCW 25.15.431

text:
(1) When a merger becomes effective:
(a) The surviving organization continues;
(b) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;
(c) The title to all real estate and other property owned by each constituent organization is vested in the surviving organization without reversion or impairment;
(d) The surviving organization has all liabilities of each constituent organization;
(e) A proceeding pending by or against any constituent organization may be continued as if the merger did not occur or the surviving organization may be substituted in the proceeding for the constituent organization whose existence ceased;
(f) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization;
(g) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;
(h) The organizational documents of the surviving organization are amended to the extent provided in the articles of merger; and
(i) The former holders of interests of every constituent limited liability company are entitled only to the rights provided in the plan of merger and to their rights under article XII of this chapter.
(2) A merger of a limited liability company, including a limited liability company which is not the surviving organization in the merger, does not require the limited liability company to wind up its affairs under RCW 25.15.297 or pay its liabilities and distribute its assets under RCW 25.15.305.
(3) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this state on the obligation. A surviving organization that is a foreign organization and not registered to transact business in this state may be served with process pursuant to RCW 23.95.450 for the purposes of enforcing an obligation under this subsection.
[ 2015 c 176 s 7129; 2015 c 188 s 83.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Effect of merger.


title: RCW 25.15.436

text:
(1) An organization other than a limited liability company may convert into a limited liability company, and a limited liability company may convert into an organization pursuant to this section and RCW 25.15.441 through 25.15.451 and a plan of conversion, if:
(a) The other organization's governing statute authorizes the conversion;
(b) The conversion is not prohibited by the law of the jurisdiction that enacted the other organization's governing statute; and
(c) The other organization complies with its governing statute in effecting the conversion.
(2) A plan of conversion must be in a record and must include:
(a) The name and form of the organization before conversion;
(b) The name and form of the organization after conversion;
(c) The terms and conditions of the conversion, including the manner and basis for converting interests in the converting organization into any combination of the interests, shares, obligations, or other securities of the converted organization or any other organization or into cash or other property in whole or part; and
(d) The organizational documents of the converted organization.
[ 2015 c 188 s 84.]

catchline: Conversion.


title: RCW 25.15.441

text:
(1) Subject to RCW 25.15.456, a plan of conversion must be approved either by all the members of a converting limited liability company or as provided in a written limited liability company agreement.
(2) Subject to RCW 25.15.456 and any contractual rights, after a conversion is approved, and at any time before a filing is made under RCW 25.15.446, a converting limited liability company may amend the plan or abandon the planned conversion:
(a) As provided in the plan; and
(b) Except as prohibited by the plan, by the same approval as was required to approve the plan.
[ 2022 c 42 s 306; 2015 c 188 s 85.]

catchline: Action on plan of conversion by converting limited liability company.


title: RCW 25.15.446

text:
(1) After a plan of conversion is approved, the converting organization must make one of the following filings to complete the conversion:
(a) A converting limited liability company must deliver to the secretary of state for filing articles of conversion, which must include:
(i) A statement that the limited liability company has been converted into another organization;
(ii) The name and form of the converted organization and the jurisdiction of its governing statute;
(iii) The date the conversion is effective under the governing statute of the converted organization;
(iv) A statement that the conversion was approved as required by this chapter;
(v) A statement that the conversion was approved as required by the governing statute of the converted organization; and
(vi) If the converted organization is a foreign organization not registered to transact business in this state, the street and mailing address of the converted organization's principal office for the purposes of service of process under RCW 23.95.450; or
(b) A converting organization that is not a limited liability company must deliver to the secretary of state for filing a certificate of formation, together with articles of conversion, which must include:
(i) A statement that the limited liability company was converted from another organization;
(ii) The name and form of the converting organization and the jurisdiction of its governing statute; and
(iii) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.
(2) The effective time of a conversion is either:
(a) If the converted organization is a limited liability company, when the certificate of formation takes effect; or
(b) If the converted organization is not a limited liability company, as provided by the governing statute of the converted organization.
(3) If the certificate of formation filed pursuant to this section does not specify a delayed effective date, it becomes effective upon filing as provided in RCW 23.95.210. The certificate of formation may specify a delayed effective time and date in accordance with RCW 23.95.210.
[ 2015 c 176 s 7130; 2015 c 188 s 86.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Filing required for conversion—Effective date.


title: RCW 25.15.451

text:
(1) An organization that has been converted pursuant to this article is for all purposes the same entity that existed before the conversion.
(2) When a conversion takes effect:
(a) The title to all real estate and other property owned by the converting organization remains vested in the converted organization without reversion or impairment;
(b) All debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization;
(c) An action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred;
(d) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization;
(e) Except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and
(f) Except as otherwise agreed, the conversion does not dissolve a converting limited liability company for the purposes of article VIII of this chapter.
(3) A converted organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by the converting limited liability company, if before the conversion the converting limited liability company was subject to suit in this state on the obligation. A converted organization that is a foreign organization and not registered to transact business in this state may be served with process in accordance with RCW 23.95.450 for purposes of enforcing an obligation under this subsection.
[ 2015 c 176 s 7131; 2015 c 188 s 87.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Effect of conversion.


title: RCW 25.15.456

text:
If a member of a converting limited liability company or constituent limited liability company will have personal liability with respect to a converted organization or surviving organization, then, in addition to the applicable approval requirements in RCW 25.15.441(1) or 25.15.421(1)(a), approval of a plan of conversion or plan of merger must also require the execution, by each such member, of a separate written consent to become subject to such personal liability.
[ 2015 c 188 s 88.]

catchline: Restrictions on approval of conversions.


title: RCW 25.15.466

text:
In this article:
(1) "Dissenter" means a member who is entitled to dissent from a plan of merger and who exercises that right when and in the manner required by this article.
(2) "Fair value," with respect to a dissenter's limited liability company interest, means the value of the member's limited liability company interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the merger unless exclusion would be inequitable.
(3) "Interest" means interest from the effective date of the merger until the date of payment, at the average rate currently paid by the limited liability company on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances.
(4) "Limited liability company" means the limited liability company in which the dissenter holds or held a membership interest, or the surviving organization by merger, whether foreign or domestic, of that limited liability company.
[ 2015 c 188 s 89.]


title: RCW 25.15.471

text:
(1) Except as provided in RCW 25.15.481 or 25.15.491(2), or in a written limited liability company agreement, a member of a limited liability company is entitled to dissent from, and obtain payment of, the fair value of the member's interest in a limited liability company in the event of consummation of a plan of merger to which the limited liability company is a party as permitted by RCW 25.15.416.
(2) A member entitled to dissent and obtain payment for the member's interest in a limited liability company under this article may not challenge the merger creating the member's entitlement unless the merger fails to comply with the procedural requirements imposed by this chapter, Title 23B RCW, chapter 25.05 RCW, chapter 25.10 RCW, or the limited liability company agreement, or is fraudulent with respect to the member or the limited liability company.
(3) The right of a dissenting member in a limited liability company to obtain payment of the fair value of the member's interest in the limited liability company terminates upon the occurrence of any one of the following events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or sets aside the merger; or
(c) The member's demand for payment is withdrawn with the written consent of the limited liability company.
[ 2015 c 188 s 90.]

catchline: Member—Dissent—Payment of fair value.


title: RCW 25.15.476

text:
(1) Not less than ten days prior to the approval of a plan of merger, the limited liability company must send a written notice to all members who are entitled to vote on or approve the plan of merger that they may be entitled to assert dissenters' rights under this article. Such notice shall be accompanied by a copy of this article.
(2) The limited liability company must notify in writing all members not entitled to vote on or approve the plan of merger that the plan of merger was approved, and send them the dissenters' notice as required by RCW 25.15.486.
[ 2015 c 188 s 91.]

catchline: Dissenters' rights—Notice—Timing.


title: RCW 25.15.481

text:
A member of a limited liability company who is entitled to vote on or approve the plan of merger and who wishes to assert dissenters' rights must not vote in favor of or approve the plan of merger. A member who does not satisfy the requirements of this section is not entitled to payment for the member's interest in the limited liability company under this article.
[ 2015 c 188 s 92.]

catchline: Member—Dissent—Voting restriction.


title: RCW 25.15.486

text:
(1) If the plan of merger is approved, the limited liability company shall deliver a written dissenters' notice to all members who satisfied the requirements of RCW 25.15.481.
(2) The dissenters' notice required by RCW 25.15.476(2) or by subsection (1) of this section must be sent within ten days after the approval of the plan of merger, and must:
(a) State where the payment demand must be sent;
(b) Inform members as to the extent transfer of the member's interest in the limited liability company will be restricted as permitted by RCW 25.15.496 after the payment demand is received;
(c) Supply a form for demanding payment;
(d) Set a date by which the limited liability company must receive the payment demand, which date may not be fewer than thirty nor more than sixty days after the date the notice under this section is delivered; and
(e) Be accompanied by a copy of this article.
[ 2015 c 188 s 93.]

catchline: Members—Dissenters' notice—Requirement.


title: RCW 25.15.491

text:
(1) A member of a limited liability company who demands payment retains all other rights of a member of such limited liability company until the proposed merger becomes effective.
(2) A member of a limited liability company sent a dissenters' notice who does not demand payment by the date set in the dissenters' notice is not entitled to payment for the member's interest in the limited liability company under this article.
[ 2015 c 188 s 94.]

catchline: Member—Payment demand—Entitlement.


title: RCW 25.15.496

text:
The limited liability company may restrict the transfer of members' interests in the limited liability company from the date the demand for their payment is received until the proposed merger becomes effective or the restriction is released under this article.
[ 2015 c 188 s 95.]


title: RCW 25.15.501

text:
(1) Within thirty days of the later of the date the proposed merger becomes effective, or the payment demand is received, the limited liability company must pay each dissenter who complied with RCW 25.15.491 the amount the limited liability company estimates to be the fair value of the dissenting member's interest in the limited liability company, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the limited liability company for its most recent fiscal year maintained as required by RCW 25.15.136;
(b) An explanation of how the limited liability company estimated the fair value of the member's interest in the limited liability company;
(c) An explanation of how the accrued interest was calculated;
(d) A statement of the dissenter's right to demand payment; and
(e) A copy of this article.
[ 2015 c 188 s 96.]

catchline: Payment of fair value—Requirements for compliance.


title: RCW 25.15.506

text:
(1) If the proposed merger does not become effective within sixty days after the date set for demanding payment, the limited liability company must release any transfer restrictions imposed as permitted by RCW 25.15.496.
(2) If, after releasing transfer restrictions, the proposed merger becomes effective, the limited liability company must send a new dissenters' notice as provided in RCW 25.15.476(2) and 25.15.486 and repeat the payment demand procedure.
[ 2015 c 188 s 97.]

catchline: Merger—Not effective within sixty days—Transfer restrictions.


title: RCW 25.15.511

text:
(1) A dissenter may notify the limited liability company in writing of the dissenter's own estimate of the fair value of the dissenter's interest in the limited liability company, and amount of interest due, and demand payment of the dissenter's estimate, less any payment under RCW 25.15.501, if:
(a) The dissenter believes that the amount paid is less than the fair value of the dissenter's interest in the limited liability company, or that the interest due is incorrectly calculated;
(b) The limited liability company fails to make payment within sixty days after the date set for demanding payment; or
(c) The limited liability company, having failed to effectuate the proposed merger, does not release the transfer restrictions imposed on members' interests as permitted by RCW 25.15.496 within sixty days after the date set for demanding payment.
(2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the limited liability company of the dissenter's demand in writing under subsection (1) of this section within thirty days after the limited liability company made payment for the dissenter's interest in the limited liability company.
[ 2015 c 188 s 98.]

catchline: Dissenter's estimate of fair value—Notice.


title: RCW 25.15.516

text:
(1) If a demand for payment under RCW 25.15.491 remains unsettled, the limited liability company must commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the dissenting member's interest in the limited liability company, and accrued interest. If the limited liability company does not commence the proceeding within the sixty-day period, it must pay each dissenter whose demand remains unsettled the amount demanded.
(2) The limited liability company must commence the proceeding in the superior court of the county where the limited liability company's principal office or, if none in this state, its registered office is located.
(3) The limited liability company must make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding as in an action against their membership interests in the limited liability company and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law.
(4) The limited liability company may join as a party to the proceeding any member who claims to be a dissenter but who has not, in the opinion of the limited liability company, complied with the provisions of this article. If the court determines that such member has not complied with the provisions of this article, the member must be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court finds the fair value of the dissenter's membership interest in the limited liability company, plus interest, exceeds the amount paid by the limited liability company.
[ 2015 c 188 s 99.]

catchline: Unsettled demand for payment—Proceeding—Parties—Appraisers.


title: RCW 25.15.521

text:
(1) The court in a proceeding commenced under RCW 25.15.516 must determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court must assess the costs against the limited liability company, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable:
(a) Against the limited liability company and in favor of any or all dissenters if the court finds the limited liability company did not substantially comply with the requirements of this article; or
(b) Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article.
(3) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the limited liability company, the court may award to these counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited.
[ 2015 c 188 s 100.]

catchline: Unsettled demand for payment—Costs—Fees and expenses of counsel.


title: RCW 25.15.801

text:
(1) The rule that statutes in derogation of the common law are to be strictly construed has no application to this chapter.
(2) It is the policy of this chapter to give the maximum effect to the principle of freedom of contract and to the enforceability of limited liability company agreements.
(3) Unless the context otherwise requires, as used in this chapter, the singular includes the plural and the plural may refer to only the singular.
[ 2015 c 188 s 101.]

catchline: Construction and application of chapter and limited liability company agreement.


title: RCW 25.15.806

text:
Limited liability companies are subject to the applicable fees, charges, and penalties established by the secretary of state under RCW 23.95.260 and 43.07.120.
[ 2015 c 176 s 7132; 2015 c 188 s 102.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.

catchline: Applicable fees, charges, and penalties.


title: RCW 25.15.811

text:
The secretary of state has the power and authority reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under chapter 34.05 RCW.
[ 2015 c 188 s 103.]

catchline: Authority to adopt rules.


title: RCW 25.15.903

text:
This act takes effect January 1, 2016.
[ 2015 c 188 s 104.]

catchline: Effective date—2015 c 188.


title: RCW 25.15.904

text:
This chapter may be known and cited as the "Washington limited liability company act."
[ 2015 c 188 s 105.]

catchline: Short title.


title: RCW 25.15.905

text:
This chapter does not affect an action commenced, proceeding brought, or right accrued before January 1, 2016.
[ 2015 c 188 s 106.]

catchline: Chapter application.


title: RCW 26.04.007

text:
For purposes of this chapter, "religious organization" includes, but is not limited to, churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion.
[ 2012 c 3 s 7 (Referendum Measure No. 74, approved November 6, 2012).]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Definition—Religious organization.


title: RCW 26.04.010

text:
(1) Marriage is a civil contract between two persons who have each attained the age of 18 years, and who are otherwise capable.
(2) Every marriage entered into in which either person has not attained the age of 18 years is void.
(3) Where necessary to implement the rights and responsibilities of spouses under the law, gender-specific terms such as husband and wife used in any statute, rule, or other law must be construed to be gender neutral and applicable to spouses of the same sex.
(4) No regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization is required to solemnize or recognize any marriage. A regularly licensed or ordained minister or priest, imam, rabbi, or similar official of any religious organization shall be immune from any civil claim or cause of action based on a refusal to solemnize or recognize any marriage under this section. No state agency or local government may base a decision to penalize, withhold benefits from, or refuse to contract with any religious organization on the refusal of a person associated with such religious organization to solemnize or recognize a marriage under this section.
(5) No religious organization is required to provide accommodations, facilities, advantages, privileges, services, or goods related to the solemnization or celebration of a marriage.
(6) A religious organization shall be immune from any civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, services, or goods related to the solemnization or celebration of a marriage.
(7) For purposes of this section:
(a) "Recognize" means to provide religious-based services that:
(i) Are delivered by a religious organization, or by an individual who is managed, supervised, or directed by a religious organization; and
(ii) Are designed for married couples or couples engaged to marry and are directly related to solemnizing, celebrating, strengthening, or promoting a marriage, such as religious counseling programs, courses, retreats, and workshops; and
(b) "Religious organization" includes, but is not limited to, churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion.
[ 2024 c 10 s 1; 2012 c 3 s 1 (Referendum Measure No. 74, approved November 6, 2012); 1998 c 1 s 3; 1973 1st ex.s. c 154 s 26; 1970 ex.s. c 17 s 2; 1963 c 230 s 1; Code 1881 s 2380; 1866 p 81 s 1; 1854 p 404 ss 1, 5; RRS s 8437.]
Notes:
Application—2024 c 10: "This act applies to any marriage entered into on or after June 6, 2024." [ 2024 c 10 s 4.]
Notice—2012 c 3: "(1) Within sixty days after June 7, 2012, the secretary of state shall send a letter to the mailing address on file of each same-sex domestic partner registered under chapter 26.60 RCW notifying the person that Washington's law on the rights and responsibilities of state registered domestic partners will change in relation to certain same-sex registered domestic partners.
(2) The notice must provide a brief summary of the new law and must clearly state that provisions related to certain same-sex registered domestic partnerships will change as of *the effective dates of this act, and that those same-sex registered domestic partnerships that are not dissolved prior to June 30, 2014, will be converted to marriage as an act of law.
(3) The secretary of state shall send a second similar notice to the mailing address on file of each domestic partner registered under chapter 26.60 RCW by May 1, 2014." [ 2012 c 3 s 17 (Referendum Measure No. 74, approved November 6, 2012).]
*Reviser's note: "This act" refers to 2012 c 3. 2012 c 3 ss 8 and 9 have an effective date of June 30, 2014. 2012 c 3 ss 1-7 and 10-17 took effect June 7, 2012. Chapter 3, Laws of 2012 was subject to Referendum Measure No. 74 and took effect December 6, 2012.
Finding—1998 c 1: "(1) In P.L. 104-199; 110 Stat. 219 [2419], the Defense of Marriage Act, Congress granted authority to the individual states to either grant or deny recognition of same-sex marriages recognized as valid in another state. The Defense of Marriage Act defines marriage for purposes of federal law as a legal union between one man and one woman as husband and wife and provides that a state shall not be required to give effect to any public act or judicial proceeding of any other state respecting marriage between persons of the same sex if the state has determined that it will not recognize same-sex marriages.
(2) The legislature and the people of the state of Washington find that matters pertaining to marriage are matters reserved to the sovereign states and, therefore, such matters should be determined by the people within each individual state and not by the people or courts of a different state." [ 1998 c 1 s 1.]
Intent—1998 c 1: "(1) It is a compelling interest of the state of Washington to reaffirm its historical commitment to the institution of marriage as a union between a man and a woman as husband and wife and to protect that institution.
(2) The court in Singer v. Hara, 11 Wn. App. 247 (1974) held that the Washington state marriage statute does not allow marriage between persons of the same sex. It is the intent of the legislature by this act to codify the Singer opinion and to fully exercise the authority granted the individual states by Congress in P.L. 104-199; 110 Stat. 219 [2419], the Defense of Marriage Act, to establish public policy against same-sex marriage in statutory law that clearly and definitively declares same-sex marriages will not be recognized in Washington, even if they are made legal in other states." [ 1998 c 1 s 2.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Marriage contract—Void marriages—Construction of gender-specific terms—Recognition of solemnization of marriage not required.


title: RCW 26.04.020

text:
(1) Marriages in the following cases are prohibited:
(a) When either party thereto has a spouse or registered domestic partner living at the time of such marriage, unless the registered domestic partner is the other party to the marriage; or
(b) When the spouses are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law.
(2) It is unlawful for any person to marry his or her sibling, child, grandchild, aunt, uncle, niece, or nephew.
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a) or (2) of this section.
(4) A legal union, other than a marriage, between two individuals that was validly formed in another state or jurisdiction and that provides substantially the same rights, benefits, and responsibilities as a marriage, does not prohibit those same two individuals from obtaining a marriage license in Washington.
(5) No state agency or local government may base a decision to penalize, withhold benefits from, license, or refuse to contract with any religious organization based on the opposition to or refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage.
(6) No religiously affiliated educational institution shall be required to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage, including a use of any campus chapel or church. A religiously affiliated educational institution shall be immune from a civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW, based on its refusal to provide accommodations, facilities, advantages, privileges, service, or goods related to the solemnization or celebration of a marriage under this subsection shall be immune for civil claim or cause of action, including a claim pursuant to chapter 49.60 RCW.
[ 2012 c 3 s 2 (Referendum Measure No. 74, approved November 6, 2012); 1998 c 1 s 4; 1927 c 189 s 1; Code 1881 s 949; 1866 p 81 s 2; 1854 p 96 s 115; RRS s 8438.]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.
Finding—Intent—1998 c 1: See notes following RCW 26.04.010.
Bigamy: RCW 9A.64.010.
Incest—Penalties: RCW 9A.64.020.

catchline: Prohibited marriages.


title: RCW 26.04.050

text:
The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court; judges of the court of appeals; judges of the superior courts; supreme court commissioners; court of appeals commissioners; superior court commissioners; judges and commissioners of courts of limited jurisdiction as defined in RCW 3.02.010; justices of the supreme court of the United States; judges and judicial officers of the federal courts; judges of tribal courts from a federally recognized tribe; and any regularly licensed or ordained minister or any priest, imam, rabbi, or similar official of any religious organization. The solemnization of a marriage by a tribal court judge pursuant to authority under this section does not create tribal court jurisdiction and does not affect state court authority as otherwise provided by law to enter a judgment for purposes of any dissolution, legal separation, or other proceedings related to the marriage that is binding on the parties and entitled to full faith and credit.
[ 2023 c 86 s 1; 2019 c 52 s 2; 2017 c 130 s 1; 2012 c 3 s 4 (Referendum Measure No. 74, approved November 6, 2012); 2007 c 29 s 1; 1987 c 291 s 1; 1984 c 258 s 95; 1983 c 186 s 1; 1971 c 81 s 69; 1913 c 35 s 1; 1890 p 98 s 1; 1883 p 43 s 1; Code 1881 s 2382; 1866 p 82 s 4; 1854 p 404 s 4; RRS s 8441.]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Who may solemnize.


title: RCW 26.04.060

text:
A marriage solemnized before any person professing to be a minister or a priest, imam, rabbi, or similar official of any religious organization in this state or professing to be an authorized officer thereof, is not void, nor shall the validity thereof be in any way affected on account of any want of power or authority in such person, if such marriage be consummated with a belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
[ 2012 c 3 s 5 (Referendum Measure No. 74, approved November 6, 2012); 1975-'76 2nd ex.s. c 42 s 25; Code 1881 s 2388; 1866 p 83 ss 10 and 11; 1854 p 405 s 6; RRS s 8442. Formerly RCW 26.04.060 and 26.24.200.]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Marriage before unauthorized cleric—Effect.


title: RCW 26.04.070

text:
In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of the minister, priest, imam, rabbi, or similar official of any religious organization, or judicial officer solemnizing the same, and in the presence of at least two attending witnesses, that they take each other to be spouses.
[ 2012 c 3 s 6 (Referendum Measure No. 74, approved November 6, 2012); Code 1881 s 2383; 1866 p 82 s 5; RRS s 8443.]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Form of solemnization.


title: RCW 26.04.080

text:
The person solemnizing a marriage shall give to each of the parties thereto, if required, a certificate thereof, specifying therein the names and residence of the parties, and of at least two witnesses present, the time and place of such marriage, and the date of the license thereof, and by whom issued.
[Code 1881 s 2384; 1866 p 82 s 6; RRS s 8444.]

catchline: Marriage certificate—Contents.


title: RCW 26.04.090

text:
A person solemnizing a marriage shall, within thirty days thereafter, make and deliver to the county auditor of the county wherein the license was issued a certificate for the files of the county auditor, and a certificate for the files of the state registrar of vital statistics. The certificate for the files of the county auditor shall be substantially as follows:
STATE OF WASHINGTON
COUNTY OF . . . .





This is to certify that the undersigned, a . . . . . ., by authority of a license bearing date the . . . . day of . . . . . . A.D. (year) . . . ., and issued by the County auditor of the county of . . . . . ., did, on the . . . . day of . . . . . . A.D. (year) . . . ., at . . . . . . in this county and state, join in
lawful wedlock A.B. of the county of . . . . . ., state of . . . . . . and C.D. of the county of . . . . . ., state of . . . . . ., with their mutual assent, in the presence of F H and E G, witnesses.
In Testimony Whereof, witness the signatures of the parties to said ceremony, the witnesses and myself, this . . . . day of . . . . . ., A.D. (year) . . . .
The certificate forms for the files of the county auditor and for the files of the state registrar of vital statistics shall be provided by the state registrar of vital statistics.
[ 2019 c 148 s 31; 2016 c 202 s 23; 1967 c 26 s 4; 1947 c 59 s 1; 1927 c 172 s 1; Code 1881 s 2385; 1866 p 82 s 7; 1854 p 405 s 7; RRS s 8445.]
Notes:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Effective date—1967 c 26: See note following RCW 43.70.150.

catchline: Certificate for files of county auditor and state registrar of vital statistics—Forms.


title: RCW 26.04.100

text:
The county auditor shall file said certificates and record them or bind them into numbered volumes, and note on the original index to the license issued the volume and page wherein such certificate is recorded or bound. He or she shall enter the date of filing and his or her name on the certificates for the files of the state registrar of vital statistics, and transmit, by the tenth day of each month, all such certificates filed with him or her during the preceding month.
[ 2011 c 336 s 684; 1967 c 26 s 5; 1947 c 59 s 2; 1886 p 66 s 1; Code 1881 s 2386; 1867 p 105 s 2; 1866 p 82 s 8; Rem. Supp. 1947 s 8446.]
Notes:
Effective date—1967 c 26: See note following RCW 43.70.150.

catchline: Filing and recording—County auditor.


title: RCW 26.04.105

text:
The county auditor may preserve copies of marriage license applications submitted and marriage licenses issued under this chapter in the same manner as authorized for the recording of instruments under RCW 65.04.040.
[ 1985 c 44 s 1.]

catchline: Preservation of copies of applications and licenses—County auditor.


title: RCW 26.04.110

text:
Any person solemnizing a marriage, who shall wilfully refuse or neglect to make and deliver to the county auditor for record, the certificates mentioned in RCW 26.04.090, within the time in such section specified, shall be deemed guilty of a misdemeanor, and upon conviction shall pay for such refusal, or neglect, a fine of not less than twenty-five nor more than three hundred dollars.
[ 1967 c 26 s 6; 1947 c 59 s 3; 1886 p 66 s 2; Code 1881 s 2387; 1866 p 83 s 9; Rem. Supp. 1947 s 8447.]
Notes:
Effective date—1967 c 26: See note following RCW 43.70.150.

catchline: Penalty for failure to deliver certificates.


title: RCW 26.04.120

text:
All marriages to which there are no legal impediments, solemnized before or in any religious organization or congregation, according to the established ritual or form commonly practiced therein, are valid, and a certificate containing the particulars specified in RCW 26.04.080 and 26.04.090, shall be made and filed for record by the person or persons presiding or officiating in or recording the proceedings of such religious organization or congregation, in the manner and with like effect as in ordinary cases.
[Code 1881 s 2389; RRS s 8448.]

catchline: Marriage according to religious ritual.


title: RCW 26.04.130

text:
When either party to a marriage shall be incapable of consenting thereto, for want of a sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability, or upon whom the force or fraud is imposed.
[ 2024 c 10 s 2; Code 1881 s 2381; 1866 p 81 s 3; RRS s 8449.]
Notes:
Application—2024 c 10: See note following RCW 26.04.010.

catchline: Voidable marriages.


title: RCW 26.04.140

text:
Before any persons can be joined in marriage, they shall procure a license from a county auditor, as provided in RCW 26.04.150 through 26.04.190.
[ 1985 c 82 s 1; 1939 c 204 s 2; RRS s 8450-1. Prior: Code 1881 s 2390; 1866 p 83 s 12.]

catchline: Marriage license.


title: RCW 26.04.150

text:
Any person may secure by mail from the county auditor of the county in the state of Washington where he or she intends to be married, an application, and execute and acknowledge said application before a notary public.
[ 2011 c 336 s 685; 1963 c 230 s 2; 1939 c 204 s 3; RRS s 8450-2.]

catchline: Application for license—May be secured by mail—Execution and acknowledgment.


title: RCW 26.04.160

text:
(1) Application for a marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each application shall state the name, address at the time of execution of application, age, social security number, birthplace, whether single, widowed or divorced, and whether under control of a guardian, residence during the past six months: PROVIDED, That each county may require such other and further information on said application as it shall deem necessary.
(2) The county legislative authority may impose an additional fee up to fifteen dollars on a marriage license for the purpose of funding family services such as family support centers.
[ 1997 c 58 s 909; 1993 c 451 s 1; 1985 c 82 s 2; 1967 c 26 s 7; 1939 c 204 s 4; RRS s 8450-3.]
Notes:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective date—1967 c 26: See note following RCW 43.70.150.

catchline: Application for license—Contents—Oath.


title: RCW 26.04.165

text:
In addition to the application provided for in RCW 26.04.160, the county auditor for the county wherein the license is issued shall submit to each applicant at the time for application for a license the Washington state department of health marriage certificate form provided by the state registrar of vital statistics to be completed by the applicants and returned to the county auditor for the files of the state registrar of vital statistics. After the execution of the application for, and the issuance of a license, no county shall require the persons authorized to solemnize marriages to obtain any further information from the persons to be married except the names and county of residence of the persons to be married.
[ 2019 c 148 s 32; 1989 1st ex.s. c 9 s 203; 1979 c 141 s 34; 1969 ex.s. c 279 s 1.]
Notes:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Additional marriage certificate form.


title: RCW 26.04.170

text:
Any such application shall be open to public inspection as a part of the records of the office of such county auditor.
[ 1985 c 82 s 3; 1939 c 204 s 5; RRS s 8450-4.]

catchline: Inspection of applications.


title: RCW 26.04.175

text:
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.
[ 1991 c 23 s 12.]

catchline: When disclosure of marriage applications and records prohibited.


title: RCW 26.04.180

text:
The county auditor may issue the marriage license at the time of application, but shall issue such license no later than the third full day following the date of the application. A marriage license issued pursuant to the provisions of this chapter may not be used until three days after the date of application and shall become void if the marriage is not solemnized within sixty days of the date of the issuance of the license, and the county auditor shall notify the applicant in writing of this requirement at the time of issuance of the license.
[ 1985 c 82 s 4; 1979 ex.s. c 128 s 1; 1963 c 230 s 3; 1953 c 107 s 1. Prior: 1943 c 250 s 1; 1939 c 204 s 6; Rem. Supp. 1943 s 8450-5.]

catchline: License—Time limitations as to issuance and use—Notification.


title: RCW 26.04.190

text:
Any county auditor is hereby authorized to refuse to issue a license to marry if, in his or her discretion, the applications executed by the parties or information coming to his or her knowledge as a result of the execution of said applications, justifies said refusal: PROVIDED, HOWEVER, The denied parties may appeal to the superior court of said county for an order to show cause, directed to said county auditor to appear before said court to show why said court should not grant an order to issue a license to said denied parties and, after due hearing, or if the auditor fails to appear, said court may in its discretion, issue an order to said auditor directing him or her to issue said license; any hearings held by a superior court under RCW 26.04.140 through 26.04.200 may, in the discretion of said court, be held in chambers.
[ 2011 c 336 s 686; 1939 c 204 s 7; RRS s 8450-6.]

catchline: Refusal of license—Appeal.


title: RCW 26.04.200

text:
Any person intentionally violating any provision of RCW 26.04.140 through 26.04.190 shall be guilty of a misdemeanor.
[ 1939 c 204 s 8; RRS s 8450-7.]
Notes:
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.

catchline: Penalty for violations—1939 c 204.


title: RCW 26.04.210

text:
(1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing that if an applicant is afflicted with any contagious sexually transmitted disease, the condition is known to both applicants, and that the applicants are the age of 18 years or over. Such affidavit may be subscribed and sworn to before any person authorized to administer oaths.
(2) Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section is guilty of perjury under chapter 9A.72 RCW.
(3) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease.
(4) Any person knowingly violating this section is guilty of a class C felony and shall be punished by a fine of not more than $1,000, or by imprisonment in a state correctional facility for a period of not more than three years, or by both such fine and imprisonment.
[ 2024 c 10 s 3; 2003 c 53 s 166; 1995 c 301 s 78; 1985 c 82 s 5; 1979 ex.s. c 128 s 2; 1973 1st ex.s. c 154 s 29; 1970 ex.s. c 17 s 5; 1963 c 230 s 4; 1959 c 149 s 3; 1909 ex.s. c 16 s 3; 1909 c 174 s 3; Code 1881 ss 2391, 2392; 1867 p 104 s 1; 1866 p 83 ss 13, 14; RRS s 8451.]
Notes:
Application—2024 c 10: See note following RCW 26.04.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Affidavits required for issuance of license—Penalties.


title: RCW 26.04.220

text:
The person solemnizing the marriage is authorized to retain in his or her possession the license, but the county auditor who issues the same, before delivering it, shall enter in his or her marriage record a memorandum of the names of the parties, the consent of the parents or guardian, if any, and the name of the affiant and the substance of the affidavit upon which said license issued, and the date of such license.
[ 2011 c 336 s 687; Code 1881 s 2393; 1866 p 84 s 15; RRS s 8453.]

catchline: Retention of license by person solemnizing—Auditor's record.


title: RCW 26.04.240

text:
Any person who shall undertake to join others in marriage knowing that he or she is not lawfully authorized so to do, or any person authorized to solemnize marriage, who shall join persons in marriage contrary to the provisions of *this chapter, shall, upon conviction thereof, be punished by a fine of not more than five hundred, nor less than one hundred dollars.
[ 2011 c 336 s 688; Code 1881 s 2395; 1866 p 84 s 17; RRS s 8454. FORMER PART OF SECTION: 1909 c 249 s 419; RRS s 2671 now codified as RCW 26.04.250.]
Notes:
*Reviser's note: "This chapter" (chapter 182, Code 1881) is codified as RCW 26.04.010, 26.04.050 through 26.04.140, and 26.04.220 through 26.04.240. Code 1881 ss 2391 and 2392, being part of chapter 182, Code 1881, appear to be superseded by 1909 ex.s. c 16 s 3 (RCW 26.04.210) which is subject to the penalties of RCW 26.04.230.

catchline: Penalty for unlawful solemnization—Code 1881.


title: RCW 26.04.250

text:
Every person who shall solemnize a marriage when either party thereto is known to him or her to be under the age of legal consent or a marriage to which, within his or her knowledge, any legal impediment exists, shall be guilty of a gross misdemeanor.
[ 2011 c 336 s 689; 1979 ex.s. c 128 s 3; 1909 c 249 s 419; RRS s 2671. Formerly RCW 26.04.240, part.]
Notes:
Punishment of gross misdemeanor when not fixed by statute: RCW 9.92.020.

catchline: Penalty for unlawful solemnization—1909 c 249.


title: RCW 26.04.260

text:
If two persons in Washington have a legal union, other than a marriage, that:
(1) Was validly formed in another state or jurisdiction;
(2) Provides substantially the same rights, benefits, and responsibilities as a marriage; and
(3) Does not meet the definition of domestic partnership in RCW 26.60.030,
then they shall be treated as having the same rights and responsibilities as married spouses in this state, unless:
(a) Such relationship is prohibited by RCW 26.04.020 (1)(a) or (2); or
(b) They become permanent residents of Washington state and do not enter into a marriage within one year after becoming permanent residents.
[ 2012 c 3 s 11 (Referendum Measure No. 74, approved November 6, 2012).]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Recognition of a legal union.


title: RCW 26.04.900

text:
"Religious organization" as defined in this chapter must be interpreted liberally to include faith-based social service organizations involved in social services directed at the larger community.
[ 2012 c 3 s 3 (Referendum Measure No. 74, approved November 6, 2012).]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Construction—Religious organization.


title: RCW 26.09.002

text:
Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
[ 2007 c 496 s 101; 1987 c 460 s 2.]
Notes:
Part headings not law—2007 c 496: "Part headings used in this act are not any part of the law." [ 2007 c 496 s 801.]

catchline: Policy.


title: RCW 26.09.003

text:
The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existing legislative intent the legislature finds that incentives for parties to reduce family conflict and additional alternative dispute resolution options can assist in reducing the number of contested trials. Furthermore, the legislature finds that the identification of domestic violence as defined in RCW 7.105.010 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. When judicial officers have the discretion to tailor individualized resolutions, the legislative intent expressed in RCW 26.09.002 can more readily be achieved. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them.
[ 2021 c 215 s 130; 2007 c 496 s 102.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Part headings not law—2007 c 496: See note following RCW 26.09.002.

catchline: Policy—Intent—Findings.


title: RCW 26.09.004

text:
The definitions in this section apply throughout this chapter.
(1) "Military duties potentially impacting parenting functions" means those obligations imposed, voluntarily or involuntarily, on a parent serving in the armed forces that may interfere with that parent's abilities to perform his or her parenting functions under a temporary or permanent parenting plan. Military duties potentially impacting parenting functions include, but are not limited to:
(a) "Deployment," which means the temporary transfer of a service member serving in an active-duty status to another location in support of a military operation, to include any tour of duty classified by the member's branch of the armed forces as "remote" or "unaccompanied";
(b) "Activation" or "mobilization," which means the call-up of a national guard or reserve service member to extended active-duty status. For purposes of this definition, "mobilization" does not include national guard or reserve annual training, inactive duty days, or drill weekends; or
(c) "Temporary duty," which means the transfer of a service member from one military base or the service member's home to a different location, usually another base, for a limited period of time to accomplish training or to assist in the performance of a noncombat mission.
(2) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
(f) Providing for the financial support of the child.
(3) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation.
(4) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation which is incorporated in a temporary order.
[ 2009 c 502 s 1; 2008 c 6 s 1003; 1987 c 460 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
PDF
RCW 26.09.004
Definitions. (Effective April 1, 2027.)
The definitions in this section apply throughout this chapter.
(1) "Department" means the department of social and health services.
(2) "Incapacitation" or "incapacitated" means the inability to pay child support due to participation in court-ordered treatment for a behavioral health disorder issued under chapter 71.05 RCW.
(3) "Military duties potentially impacting parenting functions" means those obligations imposed, voluntarily or involuntarily, on a parent serving in the armed forces that may interfere with that parent's abilities to perform his or her parenting functions under a temporary or permanent parenting plan. Military duties potentially impacting parenting functions include, but are not limited to:
(a) "Deployment," which means the temporary transfer of a service member serving in an active-duty status to another location in support of a military operation, to include any tour of duty classified by the member's branch of the armed forces as "remote" or "unaccompanied";
(b) "Activation" or "mobilization," which means the call-up of a national guard or reserve service member to extended active-duty status. For purposes of this definition, "mobilization" does not include national guard or reserve annual training, inactive duty days, or drill weekends; or
(c) "Temporary duty," which means the transfer of a service member from one military base or the service member's home to a different location, usually another base, for a limited period of time to accomplish training or to assist in the performance of a noncombat mission.
(4) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
(f) Providing for the financial support of the child.
(5) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation.
(6) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation which is incorporated in a temporary order.
[ 2025 c 272 s 4. Prior: 2009 c 502 s 1; 2008 c 6 s 1003; 1987 c 460 s 3.]
Notes:
Effective date—2025 c 272 ss 4-12: See note following RCW 26.09.345.
Rule-making authority—2025 c 272: See note following RCW 26.09.345.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Definitions. (Effective until April 1, 2027.)


title: RCW 26.09.006

text:
(1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts.
(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.
[ 1992 c 229 s 1; 1990 1st ex.s. c 2 s 26.]
Notes:
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.

catchline: Mandatory use of approved forms.


title: RCW 26.09.010

text:
(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.
(2) A proceeding for dissolution of marriage or domestic partnership, legal separation or a declaration concerning the validity of a marriage or domestic partnership shall be entitled "In re the marriage of . . . . . . and . . . . . ." or "In re the domestic partnership of . . . . . . and . . . . . ." Such proceedings may be filed in the superior court of the county where the petitioner resides.
(3) In cases where there has been no prior proceeding in this state involving the marital or domestic partnership status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of . . . . . ."
(4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.
(5) In this chapter, "decree" includes "judgment".
(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage or domestic partnership shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.
(7) In order to provide a means by which to facilitate a fair, efficient, and swift process to resolve matters regarding custody and visitation when a parent serving in the armed forces receives temporary duty, deployment, activation, or mobilization orders from the military, the court shall, upon motion of such a parent:
(a) For good cause shown, hold an expedited hearing in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability, or anticipated ability, to appear in person at a regularly scheduled hearing; and
(b) Upon reasonable advance notice to the affected parties and for good cause shown, allow the parent to present testimony and evidence by electronic means in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing. The phrase "electronic means" includes communication by telephone, video teleconference, or the internet.
[ 2009 c 502 s 2; 2008 c 6 s 1004; 1989 c 375 s 1; 1987 c 460 s 1; 1975 c 32 s 1; 1973 1st ex.s. c 157 s 1.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Civil practice to govern—Designation of proceedings—Decrees.


title: RCW 26.09.013

text:
In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children:
(1) Parties and witnesses who require the assistance of interpreters shall be provided access to qualified interpreters pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and within available resources, interpreters shall also be made available at dissolution-related proceedings.
(2) Parties and witnesses who require literacy assistance shall be referred to the multipurpose service centers established in *chapter 28B.04 RCW.
(3) In matters involving guardians ad litem, the court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional review. Counties may, and to the extent state funding is provided therefor counties shall, provide indigent parties with guardian ad litem services at a reduced or waived fee.
(4) Parties may request to participate by telephone or interactive videoconference. The court may allow telephonic or interactive videoconference participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic or interactive videoconference participation of witnesses.
(5) In cases involving domestic violence or child abuse, if residential time is ordered, the court may:
(a) Order exchange of a child to occur in a protected setting;
(b) Order residential time supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the supervisor is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor if the court determines, after a hearing, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. If the court allows a family or household member to supervise residential time, the court shall establish conditions to be followed during residential time.
(6)(a) In cases in which the court has made a finding of domestic violence or child abuse, the court may not require a victim of domestic violence or the custodial parent of a victim of child abuse to disclose to the other party information that would reasonably be expected to enable the perpetrator of domestic violence or child abuse to obtain previously undisclosed information regarding the name, location, or address of a victim's residence, employer, or school at an initial hearing, and shall carefully weigh the safety interests of the victim before issuing orders which would require disclosure in a future hearing.
(b) In cases in which domestic violence or child abuse has been alleged but the court has not yet made a finding regarding such allegations, the court shall provide the party alleging domestic violence or child abuse with the opportunity to prove the allegations before ordering the disclosure of information that would reasonably be expected to enable the alleged perpetrator of domestic violence or child abuse to obtain previously undisclosed information regarding the name, location, or address of a victim's residence, employer, or school.
(7) In cases in which the court finds that the parties do not have a satisfactory history of cooperation or there is a high level of parental conflict, the court may order the parties to use supervised visitation and safe exchange centers or alternative safe locations to facilitate the exercise of residential time.
[ 2012 c 223 s 5; 2007 c 496 s 401.]
Notes:
*Reviser's note: Chapter 28B.04 RCW expired August 1, 2015, pursuant to 2015 c 55 s 101.
Part headings not law—2007 c 496: See note following RCW 26.09.002.

catchline: Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitation and safe exchange centers.


title: RCW 26.09.015

text:
(1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before, or concurrent with, the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage or the domestic partnership is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.
(2)(a) Each superior court may make available a mediator. The court shall use the most cost-effective mediation services that are readily available unless there is good cause to access alternative providers. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court.
(b) In any proceeding involving issues relating to residential time or other matters governed by a parenting plan, the matter may be set for mediation of the contested issues before, or concurrent with, the setting of the matter for hearing. Counties may, and to the extent state funding is provided therefor counties shall, provide both predecree and postdecree mediation at reduced or waived fee to the parties within one year of the filing of the dissolution petition.
(3)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows:
(i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving:
(A) Abuse, neglect, abandonment, exploitation, or unlawful harassment, as defined in RCW 9A.46.020(1), of a child;
(B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member or intimate partner, each as defined in RCW 10.99.020; or
(C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(4)(d).
(ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(4)(e) to the extent necessary for such review to be effective.
(b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator's testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW.
(4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.
(5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.
[ 2021 c 215 s 131; 2020 c 29 s 13; 2008 c 6 s 1044; (2008 c 6 s 1043 expired January 1, 2009). Prior: 2007 c 496 s 602; 2007 c 496 s 501; 2005 c 172 s 17; 1991 c 367 s 2; 1989 c 375 s 2; 1986 c 95 s 4.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Effective date—2008 c 6 s 1044: "Section 1044 of this act takes effect January 1, 2009." [ 2008 c 6 s 1305.]
Expiration date—2008 c 6 s 1043: "Section 1043 of this act expires January 1, 2009." [ 2008 c 6 s 1304.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective dates—2007 c 496 ss 201, 202, 204, and 501: See note following RCW 26.12.260.
Part headings not law—2007 c 496: See note following RCW 26.09.002.
Short title—Effective date—2005 c 172: See RCW 7.07.900 and 7.07.904.
Severability—1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 367 s 54.]
Effective date—1991 c 367: "This act shall take effect September 1, 1991." [ 1991 c 367 s 55.]
Captions not law—1991 c 367: "Captions as used in this act do not constitute any part of the law." [ 1991 c 367 s 57.]
Mediation testimony competency: RCW 5.60.070 and 5.60.072.

catchline: Mediation proceedings.


title: RCW 26.09.016

text:
Mediation is generally inappropriate in cases involving domestic violence and child abuse. In order to effectively identify cases where issues of domestic violence and child abuse are present and reduce conflict in dissolution matters: (1) Where appropriate parties shall be provided access to trained domestic violence advocates; and (2) in cases where a victim requests mediation the court may make exceptions and permit mediation, so long as the court makes a finding that mediation is appropriate under the circumstances and the victim is permitted to have a supporting person present during the mediation proceedings.
[ 2007 c 496 s 301.]
Notes:
Part headings not law—2007 c 496: See note following RCW 26.09.002.

catchline: Mediation in cases involving domestic violence or child abuse.


title: RCW 26.09.020

text:
(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:
(a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
(b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered;
(c) If the parties are separated the date on which the separation occurred;
(d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant;
(e) Any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse or domestic partner;
(f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;
(g) If the county has established a program under RCW 26.12.260, a statement affirming that the moving party met and conferred with the program prior to filing the petition;
(h) The relief sought.
(2) Either or both parties to the marriage or to the domestic partnership may initiate the proceeding.
(3) The petitioner shall complete and file with the petition a certificate under RCW 43.70.150 on the form provided by the department of health and the confidential information form under RCW 26.23.050.
(4) Nothing in this section shall be construed to limit or prohibit the ability of parties to obtain appropriate emergency orders.
[ 2008 c 6 s 1005; 2007 c 496 s 203; 2001 c 42 s 1; 1997 c 58 s 945. Prior: 1989 1st ex.s. c 9 s 204; 1989 c 375 s 3; 1983 1st ex.s. c 45 s 2; 1973 2nd ex.s. c 23 s 1; 1973 1st ex.s. c 157 s 2.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Part headings not law—2007 c 496: See note following RCW 26.09.002.
Effective date—2001 c 42: "This act takes effect October 1, 2001." [ 2001 c 42 s 7.]
Severability—2001 c 42: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2001 c 42 s 8.]
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.