Getting Divorced In Arizona When The Marriage Was Never Legalized

I went to a beautiful shotgun wedding in April but unfortunately it only took the groom a few months to revert to being a psychotic bum. She is smart and got a prenuptial agreement, which he refused to sign, so they never legalized the marriage after the wedding ceremony. So how would Arizona law apply for a divorce in Arizona when the couple never actually legalized their union? Is the bouquet I caught at the wedding now bad luck? This article will dive into the former. Read on for more information about marriages that are not formerly legalized in Arizona. For your free consultation with an experienced family law lawyer in Phoenix or Tucson, call 480-680-9126. 

Living Arrangements

Choosing who will remain in the marital home and who will move out- or if both spouses will move out of the marital home- can often be one of the most contentious issues in a divorce. During some breakups, the partners may continue living in the same household to save on expenses and ease the transition for the rest of their family members. But when it’s less than friendly, both parties could be hesitant to move out to avoid abandoning their share of the house. One of the parties could also be legally forced out of the house by a protective order. But this is all assuming the spouses both are considered owners of the property. Because of community property laws in Arizona, if one spouse were to purchase and make payments on a house during a marriage, the spouse would be entitled to half. This entitlement doesn’t exist if the couple wasn’t legally married, and especially if the other spouse wasn’t contributing to housing expenses. Review your situation with an Arizona family law attorney for free by calling 480-680-9126. 

Spousal Support

Here, a prenuptial agreement wasn’t reached because my friend didn’t want to agree to giving him a set percentage of her income until their youngest child turned 18. This would’ve been spousal support, as child support can’t be predetermined in a prenuptial agreement. Child support and spousal support are two different types of financial support, and payment or nonpayment of either doesn’t interfere with custody rights. 

If a couple never filed their marriage certificate to legalize their union, they are not spouses and are not obligated or entitled to pay or receive spousal support. However, some unwed partners will seek support from their ex after a breakup through a legal concept known as “palimony.” Palimony is a play on the word “alimony,” and meant to be a mechanism for financial support after an unmarried couple with a long-term relationship splits. It is used more often in states that recognize common law marriage, or award certain rights to unmarried cohabitating couples that have been together for several years. Arizona does not recognize common law marriage. That means that there are no clear laws regarding palimony, but courts may issue support orders under rare circumstances, like if there was a promise of support in exchange for physical care. Always review your situation with an experienced family law professional before signing any financial agreements with your ex during a breakup. For your free consultation with a family law attorney from My AZ Lawyers, call 480-680-9126. 

Order Of Protection

In high-conflict family law matters, it is sometimes necessary for one or both parties to obtain an order of protection. An order of protection is a type of restraining order meant specifically to stop violence and harassment within a domestic relationship. The plaintiff and defendant must share a certain type of relationship or find a different type of restraining order to use for their situation. Per A.R.S. §§ 13-3601 and 13-3602, the types of relationships that qualify for an order of protection include:

• Current or former spouses or housemates
• Having a child in common
• One party is pregnant by the other party
• Blood, in-law, or step: parent, grandparent, child, grandchild, brother, or sister 
• Previous or current romantic or sexual relationship taking into account the type and length of the relationship, the frequency of interactions between the two parties, and how long it has been since the relationship was terminated

It’s clear that two people do not have to have been legally married to qualify to request an order of protection. For a marriage that hasn’t been legalized, the two parties could qualify as housemates, having a child in common, pregnancy by the other party, or previous or current romantic or sexual relationship. But an order of protection should only be granted to protect the plaintiff’s safety, not just because the parties are going through a bad breakup. The plaintiff should be able to show to the court that the defendant has committed or is likely to commit an act of domestic violence. Some of the acts that could necessitate an order of protection include:

• Stalking
• Harassment
• Assault and aggravated assault
• Sexual abuse
• Surreptitious videotaping

Child Custody

Whether or not a child’s parents’ marriage was legal has very little to do with a potential future custody battle. While the lack of a legal marriage could be grounds to deny paternity, this can always be rebutted with a DNA test. There is a presumption in Arizona that it is best for a child to have a relationship with both parents, and if possible, equal or close-to-equal relationships with both parents. Factors like other relationships in each household, abuse and domestic violence, and the child’s wishes can all affect a custody determination. What a judge will not consider as a factor for child custody is whether or not the parents were ever legally married. You can read more about the factors a judge should consider when determining parenting time and legal decision-making in A.R.S. § 25-403. 

The fact that the legality of a parents’ marriage has no bearing on a custody issue doesn’t change that custody could still need to be addressed. There are plenty of parents who share 50/50 custody despite never getting married. Parenting time is each parent’s time physically spent with the child. Legal decision-making is a parent’s right to have authority over certain important decisions, like which school and church to attend or which medical treatments to receive. A parent can still have legal decision-making rights while the child is in the other parent’s physical custody. 

Have more questions about establishing custody when the parents’ marriage was never legalized in Arizona? Establishing custody in a favorable manner is imperative because of how expensive and difficult it can be to change orders once they are in place. Contact our firm for your free consultation at 480-680-9126. 

Straighten Out Legal Issues With Our Arizona Family Law Team

Every family’s situation is unique, but what is consistent is the need for high-quality family law representation if things go awry. Our dedicated Phoenix family law lawyers can help you set and achieve goals for the resolution of your family law matter, regardless of your circumstances. We know just how important it is that you keep stress to a minimum while resolving family law matters so you can move forward with a clear path. Our attorneys offer free consultations to discuss your issues in detail and determine the best course of action under Arizona law. Learn more with your phone consultation today- call 480-680-9126 to get started for free. Contact us!

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Avondale, AZ 85392
Office: (623) 399-4222

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