Feature Article: Understanding the Legal Implications of Common Law Marriage in Arizona
If you are living with your partner in Arizona and have not gone through a formal marriage ceremony, you may be wondering whether you are in a common law marriage. Although common law marriage is recognized in some states, Arizona is not one of them. This means that you and your partner do not have the legal rights and protections that come with being legally recognized as married. In this feature article, we will explore the legal implications of common law marriage in Arizona and what you can do to protect your interests.
What is Common Law Marriage?
Common law marriage is a legal concept that originated in England several centuries ago. It refers to a couple who agrees to be married and presents themselves as such to the community, even though they have not obtained a marriage license or had a formal wedding ceremony. Common law marriage is recognized in a handful of states, but Arizona is not one of them.
The Legal Implications of Not Being Recognized as Married in Arizona
Since common law marriage is not recognized in Arizona, couples who consider themselves to be in a common law marriage do not have the same legal rights and protections as legally married couples. For example, if one partner dies without a will and without being legally married, the surviving partner will not have a right to inherit any of the deceased partner's property. Similarly, if the couple separates, they do not have a legal right to spousal support or a division of property. These are just a few of the many legal issues that can arise when a couple in a common law marriage is not recognized by the state.
Options for Protecting Your Rights
If you are living with your partner in Arizona and want to ensure that your legal rights and interests are protected, there are several steps you can take. The first is to create a domestic partnership agreement. This is a legal document that outlines the rights and responsibilities of each partner in the relationship and can cover issues such as property ownership, financial support, and medical decision-making. Although this agreement will not create a common law marriage, it can provide the legal protections that a married couple would otherwise have.
Another option is to get married. Although you may have been living together for years and consider yourselves to be married, getting legally married can provide the legal protections and benefits that a common law marriage does not. If you do not wish to have a formal wedding ceremony, you can obtain a marriage license and have a small, private ceremony with just you and your partner.
If you were in a common law marriage in another state and have since moved to Arizona, it is important to understand that Arizona will not recognize that marriage. However, if you take the steps to get legally married in Arizona, your new marriage will be recognized.
Seeking Legal Advice
If you have questions about common law marriage in Arizona or want to ensure that your legal rights are protected, it may be beneficial to speak with a legal professional. A legal paraprofessional can provide guidance and support in creating a domestic partnership agreement or getting legally married. They can also help you understand your legal rights and options if you are in a common law marriage originating from another state.
Conclusion
Common law marriage is not recognized in Arizona, which can create unique legal challenges for couples who consider themselves to be married without a formal marriage certificate. However, by taking the steps to create a domestic partnership agreement or getting legally married, you can protect your legal rights and interests. If you have questions or concerns about common law marriage in Arizona, it is important to seek legal advice from a qualified professional.
Common Law Marriage-Common,Legal
