- 9 - alleging the existence of a marriage. In this case, the burden falls on respondent. On the other hand, there is such a strong public policy in favor of marriage that the law seizes upon all presumptions in order to repel the conclusion of unmarried cohabitation. See Thomas v. Thomas, 53 Wash. 297, 101 P. 865 (1909); Goldwater v. Burnside, 22 Wash. 215, 219, 60 P. 490 (1900). Such presumptions of marriage may be overcome only by the weight of clear, cogent, and convincing evidence.5 See In re Sloan’s Estate, 50 Wash. 86, 88-89, 96 P. 684 (1908). A presumption of marriage exists upon proof of continual cohabitation and reputation of marriage in the community due to the parties’ holding themselves out to be married. See Weatherall v. Weatherall, 56 Wash. 344, 349-351, 105 P. 822 (1911). Section 5.44.140 of the Washington Code states as follows: In any proceeding regarding the determination of a family relationship, including but not limited to the parent and child relationship and the marriage relationship, a determination of family relationships regarding any person or persons who immigrated to the United States from a foreign country which was made or accepted by the United States immigration and naturalization service at the time of that person or persons’ entry into the United States creates a rebuttable presumption that 5 The clear, cogent, and convincing evidence is a higher standard of evidence than a mere preponderance of evidence due to the strong public policy in support of marriage. See In re Sloan’s Estate, 50 Wash. 86, 88-89, 96 P. 684 (1908).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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