What Are The Requirements For a Valid Marriage In Arizona?
Marriage is a binding contract between two people to work together as partners, hopefully for the rest of their lives. Spouses have additional rights and benefits under the law than two people in an unmarried relationship. But to take advantage of these, the spouses need to make sure that their marriage is legally valid. A legally valid marriage can become relevant in several other types of legal matters. If you have questions about executing a valid marriage in Arizona or any other family law issue, don’t hesitate to schedule your free consultation with our firm by calling 480-680-9126.
A.R.S. § 25-101 Void & Prohibited Marriages
A.R.S. § 25-101 describes marriages that are void and prohibited in the state of Arizona. This law prevents someone from marrying their child, grandchild, parent, grandparent, aunt, uncle, niece, nephew, or first-degree cousin. However, there is an exception for first cousins who are at least 65 years old or can prove to a judge that they are unable to reproduce. This statute also bans same-sex marriage, but this has been overruled by the Supreme Court in Obergefell v. Hodges.
A.R.S. § 25-121 Marriage License, Application & Affidavit
The first step to a valid marriage is a valid marriage license. The requirements for a valid marriage license in Arizona are set forth by A.R.S. § 25-121. The prospective spouses must file their marriage license application with the clerk of the court. The spouses will need to provide specific information under oath, meaning that intentional falsehoods on the marriage license application could be a criminal offense. This includes the applicants’ names, mailing addresses, ages, and social security numbers (but the social security numbers will be on an affidavit separate from the rest of the information). The spouses’ social security numbers can only be provided to the department of economic security for child support purposes. The spouses must also sign a statement that they understand the risk of passing down sexually transmitted diseases to their children, and more information about sexually transmitted diseases is available from the county health department. Per A.R.S. § 12-284, the current filing fee for a marriage license application is $83.
A.R.S. § 25-102 Consent Required For Marriage Of Minors
Per A.R.S. § 25-102, minors under the age of 16 can’t get married in the state of Arizona. A minor who is 16 or 17 years old can only get married if they have an emancipation order from their parents or the minor’s parent or legal guardian consents to the marriage. Additionally, the person that the minor is seeking to marry must not be more than 3 years older than the minor whether the minor has an emancipation order or parental consent.
Annulment Of An Invalid Marriage
A divorce legally dissolves a marriage while an annulment erases the marriage as if it never occurred. There are legal, social, and religious reasons a person may have to prefer terminating their marriage through annulment rather than divorce. For example, in some religions, a person who has been divorced can only get remarried if their previous marriage is annulled by the church. However, not every marriage is eligible for the annulment process in Arizona. Annulments, per A.R.S. § 25-301, are meant for marriages that have a factor that “constitutes an impediment rendering the marriage void.” Per A.R.S. § 25-302, a couple getting an annulment in Arizona has the same residency requirements as a couple getting a divorce. The court will also need to divide marital property and determine child custody, if applicable.
The process for getting an annulment isn’t entirely dissimilar to the process of getting a divorce. Both start with one spouse filing a petition with the court. The other spouse needs to be served with a copy of the petition. A spouse that lives in Arizona has 20 days to respond, and a spouse that resides outside of Arizona has 30 days to respond. Both spouses should appear at the scheduled hearing on the annulment or the court might proceed with a default. If the annulment is granted, it will create a legal status as if the couple had never gotten married.
It may still be unclear to you when it would be appropriate for a married couple to seek an annulment rather than a divorce. If you believe an annulment would be appropriate for your situation, call 480-680-9126 to schedule your free consultation with one of our dedicated family law lawyers. Some of the potential reasons the court may grant an annulment are as follows:
- One or both spouses was too young for a valid marriage at the time of the wedding
- One spouse was already married at the time of the wedding, i.e., one spouse committed bigamy
- The spouses discover after the wedding that they are related
- One or both spouses lacked the legal capacity (mental illness, influence of alcohol, etc.) to enter a legally valid marriage
- The spouses failed to file a valid marriage license application with the court
Requirements For a Covenant Marriage
Arizona is one of the three states that allow two spouses getting married the option of entering a covenant marriage. A family law judge will only grant a divorce from a covenant marriage for limited reasons like infidelity, abuse, incarceration, and abandonment. There are also special requirements for spouses who wish to enter a covenant marriage. One of the requirements for a valid covenant marriage is that the prospective spouses complete pre-marital counseling together. Upon completing that pre-marital counseling, they should also attach a special declaration stating their intentions to open a covenant marriage in their marriage license.
Starting The Divorce Process In Arizona
According to A.R.S. § 25-312, at least one spouse must have resided in Arizona for at least 90 days before a family law proceeding can be initiated here. In-state respondents have 20 days to respond to a divorce petition, and out-of-state respondents have 30 days. Every Arizona divorce is also bound by a mandatory 60-day waiting period, set forth by A.R.S. § 25-329. There is no waiting period to remarry in Arizona once a divorce has been legally finalized. Unless your marriage was of short duration and there are no children or shared assets, divorce can be an incredibly complicated process for someone without a legal background. To see what our dedicated Maricopa County divorce team can do to help your situation, call 480-680-9126.
Schedule Your Free Phone Consultation If You Need An Arizona Family Law Attorney
Whether you’re considering an annulment, divorce, or simply have questions about how Arizona family law works, our lawyers have the answers to your questions. Our Arizona family law team has collective decades of experience finding the best possible resolution for a variety of family law issues. Keep your focus on what matters the most, like your health and your relationships with your family while our team handles the legwork for your legal dispute. Learning more about how Arizona law applies to your situation comes with no risk or obligation. To get started with your free consultation by phone, call 480-680-9126.
Phoenix Location:
343 W Roosevelt St UNIT 100,
Phoenix, AZ 85003
Office: (480) 680-9126
Email: [email protected]
Website: https://azfamilylawlawyer.com
Mesa Location:
1731 West Baseline Rd., Suite #101
Mesa, AZ 85202
Office: (480) 448-9800
Email: [email protected]
Website: https://myazlawyers.com
Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955
Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450
Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 399-4222
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