Does Arizona recognize common law marriage?

Question

Accepted Answer

No — Arizona does not permit common law marriage to be formed within the state. A marriage may not be contracted by agreement alone, without a marriage ceremony . For a marriage contracted in Arizona to be valid, a marriage license must be issued , the marriage must be solemnized by a person authorized by law to solemnize marriages (or a person believed in good faith by at least one party to be so authorized) , and the solemnization must occur before the marriage license expires .

One important caveat: Arizona does recognize marriages that were validly contracted elsewhere. Marriages valid under the laws of the place where they were contracted are valid in Arizona, except for marriages that are void and prohibited by section 25-101 . This means a common law marriage validly established in a state that permits it would generally be treated as valid in Arizona . However, Arizona residents may not evade Arizona's marriage laws by traveling to another state or country to have the marriage solemnized .

If you have questions about whether a specific relationship qualifies as a valid marriage — particularly one formed in another state — consult a licensed Arizona attorney.