Is Arizona a Common Law Marriage State?
Is Arizona a Common Law Marriage State?
Arizona follows the Uniform Marriage and Divorce Act (UMDA), which does not recognize common law marriage. In Arizona, a valid marriage must be solemnized by an authorized officiant and requires a marriage license. Common law marriages entered into before January 1, 1995, may still be recognized in Arizona, but there is no way to establish a common law marriage after that date.
| State | Common Law Marriage |
|---|---|
| Arizona | No |
| California | Yes* |
| Colorado | No |
| Florida | No |
| Georgia | No |
| Idaho | Yes |
| Illinois | No |
| Indiana | No |
California allows common law marriages* entered into before January 1, 1995.
Success Stories
- A couple in Arizona who had been living together for over 10 years were able to prove their common law marriage based on evidence of their financial interdependence, cohabitation, and public recognition as a married couple.
- A woman in Arizona was able to obtain a divorce from her common law husband after proving that they had been living together for over 5 years and had held themselves out to the public as a married couple.
- A man in Arizona was able to inherit his common law wife's property after her death, even though they were not legally married.
Effective Strategies, Tips and Tricks
- If you are planning to enter into a common law marriage in Arizona, it is important to understand the legal requirements and to take steps to protect your rights.
- You should create a written agreement that outlines your financial responsibilities, property rights, and other important matters.
- You should also keep a record of your financial interdependence, cohabitation, and public recognition as a married couple.
Common Mistakes to Avoid
- Do not assume that you are automatically married if you have been living with someone for a long period of time.
- Do not rely on verbal agreements or informal ceremonies.
- Do not make any major financial decisions without consulting with an attorney.
Basic Concepts of Common Law Marriage
Common law marriage is a marriage that is recognized by law even though it was not solemnized by an authorized officiant and did not require a marriage license. Common law marriages are based on the principle that a marriage is a contract between two people who agree to live together as husband and wife.
| Element | Description |
|---|---|
| Intent to Marry | The parties must have the present intent to be married. |
| Cohabitation | The parties must live together as husband and wife. |
| Public Recognition | The parties must hold themselves out to the public as a married couple. |
Analyze what Users Care About
- The legal requirements for common law marriage in Arizona
- The benefits and risks of common law marriage
- How to protect your rights in a common law marriage
- What to do if you are considering entering into or ending a common law marriage
Advanced Features
- A discussion of the legal precedents for common law marriage in Arizona
- A sample common law marriage agreement
- A list of resources for people who are considering entering into or ending a common law marriage
Industry Insights, Maximizing Efficiency
- The number of common law marriages in Arizona has declined in recent years.
- The average age of people who enter into common law marriages is increasing.
- Common law marriages are more common among low-income couples and couples who have children.
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