Arizona does not recognize common law marriages. This means that simply living together and presenting yourselves as a married couple is not legally sufficient to establish a marital relationship in the state. To be legally married in Arizona, you must obtain a marriage license and have a formal ceremony that complies with state law.
This can be a significant issue for couples who believe they are married under a common law arrangement, particularly when it comes to property division, inheritance rights, and spousal benefits. Let's delve into some frequently asked questions surrounding this topic.
What Constitutes a Common Law Marriage?
A common law marriage, also known as an informal marriage, is a legal marriage that occurs without a formal ceremony or marriage license. Historically, some states recognized common law marriages based on a couple's intent to be married, coupled with cohabitation and public presentation of themselves as husband and wife. However, the requirements for establishing a common law marriage vary significantly depending on the state's laws. As previously stated, Arizona is not one of these states.
What Happens if a Couple Believes They Are in a Common Law Marriage in Arizona?
If a couple in Arizona believes they are married under a common law marriage, they are not legally married under Arizona law. Their relationship will not be considered a valid marriage for purposes of property division, inheritance, tax benefits, and other legal rights and responsibilities associated with marriage. This can lead to significant legal complications, especially if the relationship ends or one partner dies.
What are the Requirements for a Legal Marriage in Arizona?
To be legally married in Arizona, you must obtain a marriage license from the County Clerk's office in the county where you intend to get married. You must also have a formal marriage ceremony performed by an authorized officiant. The requirements for the ceremony are laid out in Arizona state law. Failure to comply with these procedures means that the relationship is not legally recognized as a marriage.
What are the legal implications of not having a legally recognized marriage in Arizona?
The absence of a legally recognized marriage in Arizona has significant legal implications, including:
- Property Rights: In the case of separation or death, property acquired during the relationship will likely be divided according to the laws of cohabitation rather than those governing marital property division. This can result in an unfair distribution of assets.
- Inheritance Rights: A partner in an unrecognized relationship will not automatically inherit from their deceased partner. Inheritance would be governed by the laws of intestate succession (dying without a will), which might not provide for the surviving partner at all.
- Spousal Benefits: The non-married partner will not be entitled to spousal benefits, such as Social Security survivor's benefits or health insurance coverage, typically afforded to legally married spouses.
- Medical Decision Making: In the event of an incapacitating illness, the non-married partner may not have the legal authority to make medical decisions on behalf of their partner.
Can I still establish some legal rights after living together in Arizona?
While Arizona doesn't recognize common-law marriage, couples who live together may still have some legal rights concerning the property they have accumulated during their relationship. This usually comes down to proving a contract exists, whether written or implied, outlining the ownership or division of said property. Seeking legal counsel is crucial to explore these options and understand your specific rights and protections.
How can I protect myself in an unmarried relationship in Arizona?
The best way to protect yourself in a long-term relationship in Arizona is to consult with an attorney and explore options such as:
- Creating a Cohabitation Agreement: A cohabitation agreement is a legally binding contract that outlines the financial and legal responsibilities of each partner in an unmarried relationship. It helps avoid future disputes regarding property division, financial support, and other matters.
- Creating a Will: Preparing a will can ensure that your assets are distributed according to your wishes upon your death. Including a partner in your will is crucial if you want them to inherit your property.
In conclusion, understanding Arizona's legal stance on marriage is critical for all couples, married or not. A failure to formally marry under state law can have far-reaching consequences that could be avoided by understanding the law and taking proactive steps to protect oneself. If you have questions about your legal rights and responsibilities, seeking legal advice is strongly recommended.
