Arizona does not recognize common law marriages. This means that a couple cannot be legally married in Arizona simply by living together, presenting themselves as married, or sharing finances. To be legally married in Arizona, a couple must obtain a marriage license and have their marriage solemnized by an authorized officiant. This is a crucial distinction, and understanding the implications is vital for couples considering their legal status in the state.
What Constitutes a Valid Marriage in Arizona?
A valid marriage in Arizona requires compliance with specific legal requirements. These include:
- Marriage License: Both parties must obtain a marriage license from the Arizona County Recorder's office in the county where the marriage ceremony will take place.
- Officiant: The marriage ceremony must be performed by an authorized officiant, such as a judge, justice of the peace, or clergy member.
- Witness(es): While not always legally mandated, the presence of witnesses is often customary and can be beneficial should any legal disputes arise later.
What About Couples Who Believe They Are Common Law Married?
Many people mistakenly believe they are common law married, particularly if they've lived together for an extended period, shared finances, and presented themselves as a married couple. However, Arizona's legal system does not recognize such arrangements as valid marriages. This lack of recognition significantly impacts legal rights and responsibilities, including:
- Inheritance: Without a legally recognized marriage, inheritance rights are not automatically granted. The surviving partner would not inherit assets automatically unless explicitly named in a will.
- Healthcare Decisions: In the absence of legal marriage, a partner may not have the legal authority to make medical decisions for their significant other.
- Tax Benefits: Married couples often receive numerous tax benefits not available to unmarried couples. Those benefits are unavailable to couples who are not legally married in Arizona.
- Property Rights: Without a legal marriage, property ownership and division in case of separation or death are governed by different legal principles than marital property.
How Can I Legally Marry in Arizona?
If you and your partner wish to be legally married in Arizona, you must follow the steps outlined above: obtain a marriage license, have your marriage solemnized by an authorized officiant, and ensure your marriage is properly recorded. The Arizona Attorney General's office and the county recorder's offices offer information and resources regarding marriage licenses and procedures.
Are There Any Exceptions to Arizona's Common Law Marriage Rules?
No, there are no exceptions to Arizona's non-recognition of common-law marriages. The state legislature has not passed any laws that would grant legal recognition to common-law marriages formed prior to or after a certain date.
What if a Couple Was Common Law Married in Another State?
Arizona will generally recognize a common-law marriage that was legally valid in the state where it was established if the couple continues to reside together as a married couple after moving to Arizona. This is often called “comity”. However, each situation would need to be evaluated on a case-by-case basis, possibly requiring legal counsel to determine the implications of their previous marriage within the state of Arizona's legal system.
Conclusion
The absence of common-law marriage recognition in Arizona underscores the importance of legally formalizing a marriage through the proper channels. Understanding these legal requirements is essential for all couples residing in Arizona to safeguard their rights and responsibilities. Seeking legal counsel can help resolve any uncertainty surrounding legal marital status.
