Arizona does not recognize common law marriages. This means that a couple cannot be legally married in Arizona simply by living together, presenting themselves as married, or sharing finances. To be legally married in Arizona, couples must obtain a marriage license and have their marriage solemnized by an authorized officiant.
This is a crucial distinction for many reasons, impacting everything from legal rights and responsibilities to tax implications and inheritance. Let's delve into some frequently asked questions surrounding this topic.
What Constitutes a Common Law Marriage?
Many states recognize common law marriages, often called informal marriages or informal unions. These typically involve couples who live together, present themselves to others as married, and intend to be married, even without a formal ceremony or license. However, Arizona's laws explicitly reject this concept. The absence of a valid marriage license and a legally performed ceremony means there's no legal recognition of a marital relationship, regardless of how long the couple lived together or how they portrayed their relationship to others.
What Happens if a Couple Believes They Are in a Common Law Marriage in Arizona?
If a couple believes they are in a common law marriage in Arizona but were never legally married, they are considered unmarried in the eyes of the law. This has significant implications regarding:
- Property rights: Upon separation or death, property division will follow the laws of unmarried cohabitants, not those governing marital property division. This can drastically alter the distribution of assets.
- Inheritance: Without a legally recognized marriage, there's no automatic right of inheritance for the surviving partner. The deceased's estate will be distributed according to their will, or if there's no will, according to Arizona's intestacy laws, which would likely not include the long-term partner.
- Healthcare decisions: Spouses typically have the legal right to make healthcare decisions for each other in the event of incapacity. This right is absent in unmarried relationships.
- Tax benefits: Married couples often qualify for various tax benefits not available to unmarried individuals.
Can I Change My Status to a Legally Recognized Marriage in Arizona?
No, you cannot retroactively establish a common-law marriage in Arizona. If a couple wishes to be legally married, they must obtain a marriage license and have a ceremony performed by an authorized officiant in the state. Simply living together for an extended period does not change this requirement.
What About Couples Who Were Married in a State that Recognizes Common Law Marriage and Then Moved to Arizona?
Arizona generally recognizes valid marriages performed in other states, even if those states allow common-law marriages. If a couple established a valid common-law marriage in a state that recognizes them and then moved to Arizona, their marriage will be recognized. However, the burden of proving the validity of that prior common-law marriage rests with the couple. They would need to provide substantial evidence to demonstrate they met all the requirements for a valid common-law marriage in the state where it was established. This often involves documentation and testimony.
What Should Couples Do to Protect Themselves?
For couples living together in Arizona, it is crucial to understand that their relationship is not legally equivalent to marriage. If they desire the legal protections and benefits of marriage, they should get legally married in Arizona. Alternatively, they should consider creating a comprehensive cohabitation agreement outlining their rights and responsibilities regarding property, finances, and other matters. Consulting with an attorney is highly recommended to ensure their agreement is legally sound and protects their interests.
This information is for educational purposes only and is not a substitute for legal advice. For specific guidance related to your situation, you should consult with a qualified Arizona attorney.
