Keith Mack
While several American states recognize common-law marriages, Arizona does not permit the creation of common-law marriages within its jurisdiction. However, Arizona may recognize a common-law marriage established in another state, such as Texas, where it is valid and legal. In the case of a couple with a valid common-law marriage moving from Texas to Arizona and then deciding to divorce, the Arizona courts have jurisdiction to dissolve the marriage. The legal process of ending a common-law marriage is similar to that of a formal marriage, including filing a divorce petition, determining child custody and support, spousal support, visitation, and the division of property.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Arizona | Arizona does not recognize common-law marriages created within its borders. |
| Exceptions | Arizona may recognize common-law marriages established in other states, depending on specific conditions. |
| Legal rights of unmarried cohabitants | Unmarried cohabitants in Arizona have certain legal protections, including property rights, healthcare decision-making, and child custody laws. |
| Divorce process for common-law marriages | If a common-law marriage is recognized by Arizona, it is treated the same as a formal marriage during divorce, including property division and child custody issues. |
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What You'll Learn
- Arizona does not recognise common-law marriages unless they occurred in another state
- Common-law marriages are treated the same as formal marriages when ending them
- Division of assets and debts acquired during the marriage
- Child custody, child support, and visitation rights
- Healthcare coverage and decision-making rights for unmarried cohabitants
Arizona does not recognise common-law marriages unless they occurred in another state
Arizona does not recognise common-law marriages that occur within its borders. In 1913, Arizona abolished common-law marriages, and since then, the state has maintained its stance that a couple must obtain a marriage license and conduct a formal ceremony to be considered legally married. However, Arizona does recognise common-law marriages that were established in other states where such marriages are legal.
The "Full Faith and Credit" clause of the US Constitution requires each state to recognise and enforce court orders from other states. As a result, Arizona upholds the rulings of other states that recognise common-law marriages. When a couple with a valid common-law marriage from another state moves to Arizona, they are granted the same legal rights and privileges as legally married spouses in Arizona, including the right to an Arizona divorce if they meet the residency requirements.
If a couple with a valid common-law marriage from another state wishes to end their marriage while residing in Arizona, they must go through the same legal procedures as a formal divorce. This includes filing a divorce petition and all other necessary documents with the family court in Arizona. The legal process addresses issues such as child custody, child support, spousal support, visitation, and the division of property.
While Arizona does not recognise common-law marriages established within its borders, unmarried cohabitants in Arizona still have certain legal protections. These protections include the right to extend healthcare coverage to a domestic partner, make healthcare decisions for each other without a formal power-of-attorney agreement, and have property rights over jointly acquired property with documentation such as a shared deed or title.
It is important to note that the laws and requirements regarding common-law marriages can vary from state to state, and it is always advisable to seek professional legal advice when dealing with complex legal issues such as marriage, property, and child custody.
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Common-law marriages are treated the same as formal marriages when ending them
In Arizona, common-law marriages are not recognised as legal unless the marriage occurred in another state. However, if a couple has a valid common-law marriage in a state that allows this marital status, Arizona courts will recognise their union as legally equivalent to other marriages.
Arizona's community property law treats all assets and debts acquired during the marriage as jointly owned marital property. This means that any property acquired during the common-law marriage is considered communal and, upon divorce, must be divided equitably between the spouses. Common-law couples have the same property rights as couples who marry through ceremony or registration.
If a couple with a valid common-law marriage in another state moves to Arizona and decides to divorce, the Arizona courts have jurisdiction to dissolve the marriage. Because common-law marriage, once formed, is considered the same as a legal, licensed marriage, the parties must go through the same legal procedures to dissolve a common-law marriage. That means filing a divorce petition and all other necessary documents with the family court in the state in which the parties live. The legal process is also the same as dissolving a formal marriage. All the same legal issues need to be addressed, such as child custody and child support, spousal support, visitation, and the division of property.
It is important to note that a common-law marriage is treated the same as a formal marriage when it comes to bigamy laws. So, a person must legally end a common-law marriage before entering into another marriage, whether common-law or formal.
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Division of assets and debts acquired during the marriage
Arizona does not recognise common-law marriages as legal unless the marriage occurred in another state. However, if a couple has a valid common-law marriage in one of the states that allow this marital status, Arizona courts will recognise their union as legally equivalent to other marriages. In that case, the laws of community property will apply.
Arizona's community property law treats all assets and debts acquired during the marriage as jointly owned marital property, no matter whose name is on the title. This means any property acquired during the common-law marriage is considered communal, regardless of the current state the couple lives in. Upon divorce, this community estate must be divided equitably between the spouses. Common-law couples have the same property rights as couples who marry through ceremony or registration.
When a married couple divorces in Arizona, all community property is divided fairly between the spouses. An unmarried cohabitant may have property rights over property acquired together if they have documentation such as a shared deed or title. In Arizona, an unmarried cohabitant is entitled to inherit their partner's property if they die without leaving a will.
If a couple has a valid common-law marriage in another state and then moves to Arizona and decides to divorce, the Arizona courts have jurisdiction to dissolve the marriage. Because common-law marriage, once formed, is considered the same as a legal, licensed marriage, the parties must go through the same legal procedures to dissolve a common-law marriage. That means filing a divorce petition and all other necessary documents with the family court in the state in which the parties live. The legal process is also the same as dissolving a formal marriage. All the same legal issues need to be addressed, such as child custody and child support, spousal support, visitation, and the division of property.
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Child custody, child support, and visitation rights
Arizona does not permit common-law marriages within its jurisdiction. However, it may recognize a common-law marriage established in another state, provided it does not violate Arizona's public policy. In such cases, Arizona's community property laws apply, and upon separation, assets and debts acquired during the marriage are divided equitably.
Now, regarding child custody, child support, and visitation rights in Arizona, here is some general information:
Child Custody:
In Arizona, "custody" refers to the legal right of a parent to make decisions regarding their child's care, welfare, education, healthcare, and religious training. The parent with custody is often called the "custodial parent." The court may grant joint legal custody, giving both parents equal rights to make these decisions, or it may direct that specific decisions be made by only one parent. It is important to note that joint legal custody does not necessarily mean joint physical custody or equal parenting time. The child's residential time may be shared or primarily with one parent, depending on what the court determines is in the best interest of the child.
Child Support:
While there are no specific details regarding child support in Arizona, it is generally understood that financial support for the child is provided by the non-custodial parent to the custodial parent to help with the child's expenses, such as food, clothing, education, and extracurricular activities. The amount of child support may be determined by the court or agreed upon by the parents based on their income and the child's needs.
Visitation Rights (Parenting Time):
In Arizona, the law entitles a parent who does not have custody to reasonable parenting time or visitation rights to ensure frequent and continuing contact with their child. The court will decide the appropriate amount of parenting time, taking into account the child's age and best interests. Parenting time can be limited or denied if the child's physical, mental, moral, or emotional health is at serious risk. Arizona counties have established guidelines, and the Arizona Supreme Court has published Model Parenting Time Plans to assist parents in creating age-appropriate schedules.
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Healthcare coverage and decision-making rights for unmarried cohabitants
Arizona does not recognize common-law marriages as legal unless the marriage occurred in another state. Couples who have lived together for a significant amount of time do have some legal rights, but they are not the same as those of legally married spouses.
Healthcare coverage
In Arizona, some employers and insurance companies grant domestic partner benefits to unmarried cohabiting couples. These companies are not required by law to extend coverage to the primary policyholder's domestic partner, but they may do so.
Decision-making rights
Unmarried cohabitants in Arizona may make healthcare decisions for each other, even without a formal power-of-attorney agreement, unless someone else has that right, such as a legal spouse or the parent of a minor. This is especially relevant when a hospitalized patient cannot communicate with their doctors to make important healthcare decisions. In such cases, an unmarried, domestic partner may be permitted to act as a healthcare proxy or surrogate under ARS §36-3231.
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Frequently asked questions
No, Arizona does not recognize common-law marriages as legal unless the marriage occurred in another state. Arizona abolished common-law marriage in 1913.
Yes, Arizona will recognize a common-law marriage if it was valid under the laws of the state where it was contracted.
Arizona courts have jurisdiction to dissolve the marriage. The couple must go through the same legal procedures as a licensed marriage, including filing a divorce petition with the family court.
Unmarried cohabitants in Arizona have certain legal protections, including property rights, extending healthcare coverage, making healthcare decisions, and child custody and support obligations.
If you are in a common-law marriage that was established in another state and then moved to Arizona, you must go through the same legal divorce procedures as a licensed marriage. This includes filing a divorce petition with the family court.
