Does Arizona Acknowledge Common Law Marriage?
Arizona does not legally recognize common law marriage. However, Arizona law does respect the intention of the parties and as such, courts may enter a decree of divorce based on a ceremonial marriage . These situations are very complex and generally require the assistance of an attorney to navigate from beginning to end.
The Criteria to Acknowledge Common Law Marriage
The one situation in which an Arizona court may recognize a common law marriage is if the parties entered into the common law marriage in a state that recognizes common law marriage, and later moved to Arizona. In that case, Arizona law recognizes that the parties’ legal marital status is the same in Arizona as it was in the state where the couple entered the common law marriage. However, Arizona law does not authorize the creation of common law marriages that did not previously exist under the laws of another state – such common law marriages are simply not permitted in Arizona.
The circumstances under which a court may recognize a common law marriage may seem somewhat counterintuitive. For instance, you would think that a couple that does not consummate the marriage and that does not hold themselves out to be married to the community at large (for example, does not file joint tax returns, does not share each other’s last name, does not share a common address) would be less likely to be recognized as married than two people who do consummate the marriage and hold themselves out to the community at large as being married.
On the contrary, only two essential requirements must be met in order for a common law marriage to be valid in Arizona. First, the parties must have a present intent to be married. Secondly, the parties must hold themselves out to the community at large as being married. These two requirements are essential because they are what distinguishes a common law marriage from a mere cohabitation arrangement.
Rights and Responsibilities
When a common law couple moves to Arizona from a state that recognizes common law marriage, the legal rights and responsibilities that apply to those individuals may differ from traditional married couples. In Arizona, common law marriages are no longer recognized. While case law recognizes the validity of common law marriages established prior to the change in the law, the new law eliminates any future common law marriages from occurring.
Once acknowledged in Arizona, common law spouses have similar rights and obligations as formally married spouses. The laws that govern legal dissolution of marriage, spousal maintenance, child support, and property division apply equally to both traditional and common law married couples. Careful analysis of the individual facts of each case is required to determine issues such as spousal support, maintenance and division of property. However, marital agreements are still important.
One difference between common law marriage and formal marriage is the matter of the formalization of the relationship. One couple may have lived together for many years, arguably as a married couple, but have never obtained the necessary license and provided notice of the ceremony to public authorities. While the law used to recognize this type of relationship as common law, the law has changed and new common law couples have no recourse to the courts for determining property rights and support. There is no way to force an unwilling partner to allow judicial review.
Myths About Common Law Marriage
Common law marriage in Arizona has become a popular topic in recent years. However, a lot of the laws and regulations regarding this subject are misunderstood. Let’s take a moment to set the record straight. There are five common myths related to Arizona common law marriages that we will debunk here.
The myth: You can become a common law couple if you both move into the same residence and tell people you’re married.
The reality: The concept of common law marriage is built around agreement—specifically, the mutual intent of the parties to be considered married. Simply moving into the same residence and telling everyone you’re married does not amount to a mutual intent to be married.
The myth: You and your partner don’t need to inform anyone of your intent to get married, as the state will still legally recognize your union.
The reality: While there’s no requirement that you inform someone of your intent to marry, those who do tend to have a more seamless experience with the legal system in the event of a marriage dissolution or death. Your intent is still at the center of common law marriage.
The myth: You only need to be together for a year , two years or some other specific length of time for your case to qualify as a common law marriage.
The reality: The requirement is not based on time. There’s no number of years you need in the relationship before it’s regarded as common law. Because it’s based on intent, a couple may enter into a common law marriage before cohabitation if they go through the necessary procedures to establish it.
The myth: You can be considered in a common law marriage with more than one person.
The reality: Only one person may be a party to a common law marriage, and no person may knowingly enter into a common law marriage to two or more persons at the same time.
The myth: Once you are in a common law marriage, you’ll remain in it for the duration of your life, or you need to formally end it.
The reality: A common law marriage is a legally protected relationship that applies the same laws as traditional marriage, so the dissolution process is similar. However, it’s also true that a common law marriage terminates if the parties reconcile and then separate and then fail to reassert their intent within two years.
Options for Arizona Unmarried Partners
For unmarried couples, there are alternatives to protecting rights arising from a relationship with an unmarried partner. One alternative is a domestic partnership, which is similar to marriage but may offer some legal advantages prior to filing a petition to dissolve the domestic partnership. Another alternative is a cohabitation agreement. Although cohabitation agreements can be used for a variety of purposes , including an enforceable contract that establishes that parties are not married and there is no intent to establish a domestic partnership, it should be noted that the courts can and will enforce most provisions of a properly drafted contract made by competent parties. In short, the best plan is to speak with an experienced family law attorney to assess your specific situation and determine which legal contracts are right for you.