Couples entering into a common law marriage in Arizona may face some unexpected difficulties in the future. Unlike most other states, Arizona recognizes and allows common law marriages as valid marriages. This allows the couple to have the tax benefits of being legally married without having a traditional wedding ceremony. Before choosing common law marriage, the couple should be aware of some potential problems.
What are the requirements of common law marriage?
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Both parties must be at least 18.
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At the beginning of the common law marriage, both parties had the intent and agreed to be married.
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They have been continuously living together.
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They have publicly declared and presented themselves as husband and wife.
Is there common law divorce?
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No, in Arizona, married is married. A divorce by court order will be necessary.
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Without a divorce decree, the couple is still considered married. If one remarries without getting a formal divorce, that person could be charged with bigamy.
Will a Arizona common law marriage be recognized by another state?
There is no easy answer to this question. In fact, before moving, it would be wise to consult Family Law Attorneys in Green Valley AZ to attempt to determine prior to the move how the other state’s laws are likely to consider a Arizona common law marriage. The simplest solution might be to get formally married, with a license, before making the move.
In lieu of getting formally married, it would be advisable for both to sign power of attorney papers (durable power of attorney and medical power of attorney). The power of attorney papers, plus having contracted the common law marriage are the two factors most likely to have another state recognize the marriage. In addition, there should be proof of the actual date that the common law marriage was established in Arizona. If the couple had a formal agreement in place prior to the common law marriage (a division of property, for example) that agreement might or might not be recognized by another state. In short, while there may not be a problem in many states, there is no guarantee that a Arizona common law marriage will be recognized by another state.
Business Name are experienced with all aspects of family law including common law marriages. These family law attorneys can ably assist in explaining the available options and resolving legal problems.
