Arizona’s Laws on Common Law Marriage and Domestic Partnerships

Arizona recognizes the significance of both common law marriage and domestic partnerships, providing distinct legal options for couples seeking to formalize their relationships. Understanding the nuances of these laws can help individuals make informed decisions regarding their personal and legal status.

Common Law Marriage in Arizona
Unlike many states in the United States, Arizona does not recognize common law marriage. This means that simply cohabitating with a partner for a specified period does not automatically grant legal marriage status or entitlements typically associated with marriage. For couples in Arizona to be considered legally married, they must go through the formal process of obtaining a marriage license and participating in a wedding ceremony, whether religious or civil.

However, for couples who have entered into a common law marriage in a state that recognizes it, such as Colorado or Texas, Arizona will acknowledge that marriage if the couple relocates to Arizona and meets the necessary criteria, including proof of the marriage's validity in the original state.

Domestic Partnerships in Arizona
Arizona offers a domestic partnership option, which provides some legal rights and responsibilities akin to those of married couples. In 2012, the state adopted the Domestic Partnership Law, allowing unmarried couples, regardless of gender, to enter into a domestic partnership that grants them certain legal benefits.

To enter a domestic partnership in Arizona, both partners must meet specific eligibility requirements, including being at least 18 years old, not being married to anyone else, and living together as a couple. Couples must also file a Declaration of Domestic Partnership with the appropriate county clerk's office and pay a filing fee.

Registered domestic partners in Arizona enjoy several legal advantages, including the ability to make medical decisions for each other, inheritance rights, and the right to access family leave benefits. However, it is essential to note that domestic partnerships may not offer every benefit of marriage, particularly concerning federal laws and benefits.

Key Considerations for Couples
Couples considering a domestic partnership or those who prefer to remain unmarried should evaluate the benefits and limitations of their chosen legal status. For those who have children together, it's crucial to address custody and support issues through legal agreements, as these matters may not be automatically resolved under domestic partnership laws.

Additionally, couples in domestic partnerships may want to consult with a legal professional to ensure they have a comprehensive understanding of their rights and responsibilities, especially as laws and policies can evolve over time.

Whether opting for formal marriage or pursuing a domestic partnership, understanding Arizona’s legal landscape can empower couples to make the best decisions for their unique situations while safeguarding their rights.