Are Common Law Marriages Recognized In Arizona?
As a general rule, the State of Arizona does not currently allow common law marriages to be formed within the state. In fact, only a handful of United States jurisdictions allow the formation of or recognize some form common law marriage, including Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina (for couples residing together prior to July 24, 2019), Texas, Utah, and the District of Columbia. See COLO. REV. STAT. ANN. § 14-2-109.5; IOWA. CODE ANN. §§ 252A.3 AND 1A; KAN. STAT. §§23-2502 AND 23-2714; MONT. CODE ANN. § 40-1-403; N.H. REV. STAT. ANN. § 457:39; TEX. FAM. CODE § 2.401; UTAH. CODE ANN. § 30-1-4.5. While each state’s laws will define marriage in its own way, states that recognize common law marriage typically require that the couple agree to marriage, cohabitate together, and hold themselves out to the community as being married.
Under certain circumstances, the State of Arizona may recognize a common law marriage that was validly created in another state that recognizes such marriages. See ARIZ. REV. STAT. ANN. § 25-112. Arizona statute provides: “Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.” Id. So, if a couple has resided in one of the states that do observe the formation of a common law marriage and that couple has met all of the requirements of a common law marriage, Arizona might give “full faith and credit” to that marriage and treat it as valid in Arizona. For example, in Atkinson v. Valley National Bank of Arizona, the Arizona Court of Appeals confirmed the validity of a Texas couples’ common law marriage under the laws of the State of Texas. See Atkinson v. Valley National Bank of Arizona, 526 P.2d 1252 (Ariz. App. 1974).
To qualify for recognition of an out of state common law marriage, a party would have to prove to the Arizona courts that the marriage satisfies the legal requirements of the foreign state. For example, in Vandever v. Industrial Commission of Arizona, the Arizona Court of Appeals found that an Arizona couple’s alleged common law marriage in the State of Colorado was not validly formed under Colorado law. See Vandever v. Industrial Commission of Arizona, 714 P.2d 866 (Ariz. App. 1985). In Vandever, the couple had resided in the State of Arizona, but decided while on a three-week trip to the State of Colorado to hold themselves out as husband and wife. See id. The Arizona Court of Appeals determined that there had been insufficient evidence presented to demonstrate the formation of a common law marriage, including but not limited to insufficient evidence of an agreement to be married and insufficient evidence of “general and uniform reputation” within the State of Colorado. See id.
It is important to note that even if a couple is not lawfully married, there might still be legal rights and protections for co-habiting individuals that arise under Arizona’s contract law scheme. Also, an unmarried couple that share one or more minor children in common might still have child custody and child support issues that could be addressed in an Arizona court of law. In some instances, there might even be visitation rights to a non-biological minor child based on the relationship that has formed with that child and that child’s best interests.
Every family situation is unique, with its own facts and circumstances, and it is not possible to list and describe every single aspect that might be relevant to a particular case or claim. If you are involved in or facing a potential family law case, or need advice concerning how to safeguard your legal rights, it is advisable to consult with an experienced family law attorney who can provide you with guidance based on the specifics of your situation. If you are in need of an Arizona attorney to help you with a family law case in the State of Arizona, contact Huffman-Shayeb Law, PLLC to schedule a consultation.
