Defunct Marriage Law and Legal Definition

Defunct marriage refers to a marriage in which both parties express their intent not to remain as married anymore through their conduct.

The community property laws will not be applied to a defunct marriage, unless the ends of justice will be served thereby. But whether the marriage may be defined as defunct must depend upon the particular facts and circumstances of each case.[ Dizard & Getty v. Damson, 63 Wn.2d 526 (Wash. 1964)]