In Arizona, common law marriage is a topic that can cause confusion and uncertainty. While the state does not have a specific statute that recognizes this type of marital union, there are some situations where a couple may be deemed to have entered into a common law marriage. Understanding the criteria for common law marriage and its legal implications is essential for anyone who may be affected by these laws. In this article, we will explore what common law marriage is, how it works in Arizona, and what you need to know to protect your rights and interests.
What is Common Law Marriage?
Definition:
A common law marriage is a type of marital union that is formed without a formal ceremony or government-issued marriage license. It is created by the actions and behaviors of the couple involved. The exact requirements for common law marriage vary depending on the state in which the couple lives.
Requirements for a Common Law Marriage:
Cohabitation: The couple must live together as if they were married. This means sharing the same residence and living arrangements, such as sharing expenses, household tasks, and social activities.
Intent: Both parties must have the intention of being married. This means that they must mutually agree to create a legal relationship that is recognized as marriage. The intent can be expressed in various ways, such as through verbal agreements, written contracts, or other forms of communication.
Holding out: The couple must present themselves as married, such as referring to each other as husband and wife or filing joint tax returns. They must act as if they are legally married in their community and among their friends and family.
Does Arizona Recognize Common Law Marriage?
Arizona’s Stance on Common Law Marriage:
Arizona does not have a specific statute that recognizes common law marriage. However, the state does recognize common law marriages that were validly formed in other states.
Recognition of Common Law Marriage from Other States:
If a couple has a valid common law marriage from another state and then moves to Arizona, their marriage will still be recognized in Arizona. To be valid, the common law marriage must have been formed according to the laws of the state in which it was created.
Covenant Marriage as an Alternative:
Arizona allows for what is known as a “covenant marriage.” This is a type of marriage that requires premarital counseling and limits the grounds for divorce. While a covenant marriage is not the same as a common law marriage, it does provide an alternative option for couples who want to create a legally-binding union without a traditional wedding.
When is a Couple Deemed to be in a Common Law Marriage in Arizona?
Criteria for Common Law Marriage:
Even though Arizona does not formally recognize common law marriages, there are situations where a couple may be deemed to have entered into such a union.
Examples of Situations that May Indicate Common Law Marriage:
Living together and presenting themselves as married: If a couple has lived together for a significant period of time and presented themselves as married to others, they may be deemed to have entered into a common law marriage in Arizona.
Exchanging vows or making promises indicating intent to marry: If a couple makes promises to each other that indicate an intent to be married, they may be considered to have entered into a common law marriage. This can happen even if the promises were not made during a formal ceremony or with a government-issued marriage license.
Joint financial accounts or purchased property together: When a couple has joint financial accounts or purchases property together, this can be viewed as evidence of a common law marriage. It shows that the couple is committed to each other and has joint financial interests.
Changing last name to match partner without formal name change process: If one partner takes on the other’s last name without formally changing their name through a legal process, this can indicate an intent to be married and may be considered as evidence of a common law marriage.
Legal Implications of Common Law Marriage in Arizona
Property Rights:
In Arizona, property rights for common law spouses are not automatically established. However, if the couple is recognized as being in a common law marriage, then they may have the same property rights as legally-married couples. If the couple separates, they will need to go through a legal process to divide assets and property.
Spousal Support:
Common law spouses in Arizona may be entitled to spousal support (also known as alimony) if one partner is financially dependent on the other. The amount and duration of the support will vary based on the specific circumstances of the couple.
Inheritance:
If one partner dies without a will or other estate planning documents, their common law spouse may not automatically inherit from them in Arizona. This can create difficult and stressful situations for the surviving partner, particularly if they depended on their partner’s income or resources.
Personal and Emotional Considerations
Formalizing a Union through Legal Marriage or Covenant Marriage:
Couples who have been together for a long time may feel that they are already “married” in all but name, and may choose to formalize their union through a legal marriage or alternative means such as a covenant marriage. By doing so, they can ensure that their relationship is recognized by the state and that they have legal protections in place.
Risks and Challenges of Common Law Marriage:
Division of property and assets upon separation: If a couple separates after being deemed to be in a common law marriage, they may need to go through a legal process to divide property and assets. This can be complicated and time-consuming, especially if the parties disagree on how to divide their belongings.
Inheritance rights and estate planning: If one partner dies without a will or other estate planning documents, their common law spouse may not automatically inherit from them. This can create difficult and stressful situations for the surviving partner, particularly if they depended on their partner’s income or resources.
Making Informed Decisions
Seeking Expert Guidance:
If you are unsure of your legal status with your partner, or if you have questions about how common law marriage works in Arizona, it is important to consult with an experienced attorney who can provide guidance and support. With the right information and resources, you can make informed decisions about your relationships and protect your rights and interests.
Protecting Your Rights and Interests:
If you believe that you are in a common law marriage in Arizona, it is important to take steps to protect your rights and interests. This may involve creating legal agreements, such as prenuptial agreements or cohabitation agreements, to outline your rights and expectations in the event of separation or death.
Personal and Emotional Factors:
It is important to consider personal and emotional factors when making decisions about your relationships. While legal recognition of your union is important, it is equally important to ensure that you are happy and fulfilled in your relationship. This may mean seeking counseling or therapy to work through any issues or challenges that arise.
Conclusion
While Arizona does not formally recognize common law marriages, there are still situations where couples may be deemed to have entered into such a union. Understanding the criteria for common law marriage and the legal implications of this status is critical for anyone who may be affected by these laws.
If you are unsure of your legal status with your partner, or if you have questions about how common law marriage works in Arizona, it is important to consult with an experienced attorney who can help you understand your options and design a plan that works best for your individual circumstances. With the right information and resources, you can make informed decisions about your relationships and protect your rights and interests over the long term.