Arizona, like many states, once recognized common-law marriages, but that's no longer the case. Understanding the history and current legal standing of common-law marriage in Arizona is crucial for anyone considering marriage or dealing with property division after a long-term relationship. This guide will clarify the misconceptions and provide accurate information.
Does Arizona Recognize Common-Law Marriages?
No. Arizona does not currently recognize common-law marriages. This means that simply living together for an extended period, sharing finances, or even raising children together does not constitute a legal marriage in the eyes of the state. To be legally married in Arizona, a couple must obtain a marriage license and have their marriage solemnized by an authorized officiant.
What Constitutes a Common-Law Marriage (Historically)?
While Arizona no longer recognizes common-law marriages, understanding the historical definition is helpful. Historically, a common-law marriage, also known as an informal marriage, required three elements:
- Cohabitation: The couple must have lived together.
- Presentation to the World as Husband and Wife: The couple must have held themselves out to others as married. This often included using the same last name, jointly filing taxes, and introducing each other as spouse.
- Mutual Agreement to Be Married: The couple must have had a mutual understanding and agreement to be married. This agreement did not require a formal ceremony or specific wording, but it needed to be a clear and present intention to be married.
Crucially, even if a couple in Arizona met these criteria before the state stopped recognizing common-law marriages, their relationship is not legally considered a marriage now.
What Happens to Couples Who Believed They Were in a Common-Law Marriage in Arizona?
Couples who believed they were in a common-law marriage in Arizona before the practice was discontinued face legal complexities. Their property rights, inheritance rights, and other legal considerations are generally not determined under the framework of marriage. Instead, the courts will consider:
- Cohabitation agreements: If a written agreement regarding finances or property existed, it may be legally binding.
- Palimony: Similar to alimony in a formal marriage, palimony refers to financial support paid by one partner to another after a long-term relationship ends. This is typically decided on a case-by-case basis, depending on factors such as the length of the relationship and the financial contributions of each party.
- Unjust enrichment: If one partner significantly benefited financially from the relationship at the expense of the other, a court might order compensation to avoid unjust enrichment.
It's essential to consult with an experienced Arizona family law attorney to determine the appropriate legal recourse for these situations.
How Can I Legally Get Married in Arizona?
To be legally married in Arizona, you must:
- Obtain a marriage license from the county clerk's office.
- Have your marriage solemnized by an authorized officiant, such as a judge, justice of the peace, or clergy member.
This process ensures legal recognition of your marriage, providing you with all the associated rights and protections under Arizona law.
What if I Lived With Someone for Many Years in Arizona and Now They've Passed Away?
In such circumstances, inheritance rights are not automatic as they would be in a legally recognized marriage. The deceased's will dictates who inherits their assets. If no will exists (intestacy), Arizona's intestacy laws will determine the distribution of property. This often involves close blood relatives, not long-term partners. Again, seeking legal counsel is crucial in these complex situations.
Are there any exceptions to the rule in Arizona?
There are no exceptions to the rule that Arizona does not recognize common-law marriages. Any claims of common-law marriage will not be recognized by Arizona courts.
This information is for general educational purposes only, and does not constitute legal advice. It is strongly recommended to consult with a qualified legal professional for advice tailored to your specific situation. Consulting an attorney specializing in Arizona family law is highly recommended for all matters related to marriage, cohabitation, and property division.
