Does arizona have common law marriage

Will the other state still recognize the marriage? In short, yes.

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The Full Faith and Credit clause of the constitution dictates that each state has to respect the "public acts, records, and judicial proceedings of every other state. This applies to marriages and common law marriages, and therefore the dissolution of these marriages. So if a couple can show a valid common law marriage established in Texas, but then the couple moves to Arizona and decides to divorce, the Arizona courts have jurisdiction to dissolve the marriage.

Because common law marriages are considered the same as a licensed marriage once formed, it must go through the same legal procedures to be dissolved.

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That means filing a divorce petition and all other necessary documents with the family court in your state. The process is also the same as dissolving a formal marriage, and all the same issues will need to be addressed, like child and spousal support, visitation and custody rights, property division, and any others. To avoid paying alimony or dividing certain property, one spouse can claim that no common law marriage existed in the first place.

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  • Which States Recognize Common Law Marriage? | Nolo!
  • Common-law marriage in the United States.

To combat this, the other spouse can show joint tax returns, insurance policies, joint bank accounts, retirement plans, any other property held together, and other evidence to prove the existence of the common law marriage. The judge will then take this evidence and all other facts into account in some cases witness testimony and other documents can be used to determine if the relationship was a legal common law marriage.

It is also important to note that a common law marriage is treated the same as a formal marriage when it comes to bigamy laws as well. So you must properly legally end a common law marriage before you enter into another one, either common law or formal. Getting divorced is a complex process even for those entered in formal marriages.

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Therefore it is doubly important that if you are looking to end a common law marriage, you seek the services of an experienced family law attorney in your state. Ken LaMance.

Common Law Marriage

Law Library Disclaimer. Can't find your category? Click here. Hodges , SCt Consult an attorney if you have a question regarding validity of marriage in Arizona law. There is nothing surprising in that, as married couples move from one state to another every day for a myriad of reasons, such as employment opportunities, affordable housing, closeness to family, educational facilities, and even nicer weather.

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The common law marriage is not solemnized or witnessed by someone authorized to perform a marriage and cannot be accomplished here in Arizona. In those common law states, a man and a woman hold themselves out publicly to be husband and wife, without any additional legal formalities — it is not a ceremonial marriage.

Common Law Marriage in Arizona

Although a common law marriage cannot be entered into in Arizona, a lawful marriage entered into in a different state is enforceable here. About Marriage in Arizona There can be no divorce without a valid marriage , of course. The couple must get a marriage license.

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Before the license expires, the marriage must be solemnized by someone authorized to do so, such as a pastor or justice of the peace. In a divorce, the court can only dissolve a covenant marriage when: There is adultery.


There is no need to worry about deadlines and properly completing the forms. We know what to ask and provide this service to hundreds of clients each year. Contact our office in Tucson, Phoenix, or Mesa today so that we can walk you through the divorce legal document preparation services we offer. Statewide Paralegal is a complete case management legal document preparation service. We are certified by the Arizona Supreme Court.

What Is Common Law Marriage? | Boyd Law

We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. AZ Statewide Paralegal. A marriage shall not be contracted by agreement without a marriage ceremony. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title. The marriage is solemnized before the expiration of the marriage license.

The respondent spouse has committed adultery.

Legal Rights for Unmarried Couples in Arizona

The respondent spouse has habitually abused drugs or alcohol. The husband and wife both agree to a dissolution of marriage. Common Law Marriage , Covenant Marriage.

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