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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).
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