Arizona, like many other states, used to recognize common-law marriages. However, Arizona no longer recognizes common-law marriages formed after January 1, 1991. This means that couples who cohabitate and present themselves as married will not be legally considered married in the eyes of the state unless they obtained a marriage license and certificate before that date. Understanding this crucial cutoff date is the first step in navigating this complex legal area. This guide will clarify the intricacies of common-law marriage in Arizona, addressing frequently asked questions and providing essential information.
Does Arizona recognize common-law marriages?
No, Arizona does not currently recognize common-law marriages formed after January 1, 1991. While it once did, the state legislature changed the law, effectively ending the ability to create a valid common-law marriage after that date. This means that couples who believe they are married under common law principles established after January 1, 1991, are not legally married in Arizona.
What constitutes a common-law marriage?
Even before the 1991 legislative change, establishing a valid common-law marriage in Arizona required meeting specific criteria. These elements included:
- Cohabitation: The couple must have lived together as husband and wife.
- Present Intent to be Married: Both parties must have a clear and present intention to be married, regardless of the lack of a formal ceremony or license. This intent is often proven through testimony, financial records, and other evidence demonstrating the couple's presentation to the world as a married couple.
- Representation to Others as Married: The couple must have held themselves out to others – friends, family, employers, etc. – as husband and wife.
These requirements were difficult to prove even before the cutoff date, and proving a common-law marriage formed after January 1, 1991, is now impossible in Arizona.
What if a couple lived together before 1991 and presented themselves as married?
If a couple cohabitated and represented themselves as married before January 1, 1991, and met the criteria outlined above, their common-law marriage may still be recognized in Arizona. However, proving this requires substantial evidence, and it's recommended to seek legal counsel to navigate the complexities of establishing the validity of such a marriage.
What are the legal implications of not having a legally recognized marriage?
The absence of a legally recognized marriage has significant implications regarding:
- Inheritance: Without a valid marriage, inheritance rights are typically determined by intestacy laws (laws governing inheritance when someone dies without a will).
- Healthcare Decisions: Spouses typically have the right to make healthcare decisions for each other. This right does not automatically apply to unmarried partners.
- Tax Benefits: Married couples receive various tax benefits not available to unmarried individuals.
- Property Rights: Property ownership and division in the event of separation or death differ significantly between married and unmarried couples.
These are just a few examples; the consequences can be substantial and far-reaching. It's crucial to consult with an attorney to understand your rights and responsibilities if your relationship is not legally recognized as a marriage.
How can I legally marry in Arizona?
To legally marry in Arizona, you must obtain a marriage license from the county clerk's office and have a ceremony performed by an authorized officiant. This ensures your marriage is legally recognized and protects both parties' rights.
How do I find a lawyer specializing in family law in Arizona?
The State Bar of Arizona website offers a lawyer referral service that can help you connect with family law attorneys in your area. Consulting a lawyer is highly recommended when dealing with complex legal matters surrounding marriage and related issues.
This information is for educational purposes only and should not be considered legal advice. It's essential to consult with an Arizona family law attorney for advice tailored to your specific circumstances.
