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7537 East McDonald Drive
Scottsdale, AZ 85250

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Is my marriage valid in Arizona?

Under Arizona Revised Statute 25-101 Arizona recognizes marriages validly contracted within the State of Arizona. Also, under the “full faith and credit” clause of the United States Constitution Arizona will recognize marriages validly contracted in other states.

Is there Common Law Marriage in Arizona?

Are there common law marriages in Arizona? One cannot enter into a “common law marriage” in Arizona. However, both by case law and statute, Arizona will recognize marriage, including common law marriages, which were validly established outside Arizona. So, if you lived in a state that has common law marriage and met the requirements for a common law marriage while living in that state before moving to Arizona your marriage would be valid. The statue is found in Arizona Revised Statutes § 12-112(A) which says that marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by § 25-101.

What marriages are prohibited in Arizona?

Marriages between parents and children, brothers and sisters, uncles and nieces, aunts and nephews and first cousins are prohibited in Arizona. These are known as voidable marriages if entered into. But first cousins may marry if both are over the age of sixty five (65) or if under sixty five (65) the marriage is approved by a superior court judge if proof has been presented that one of the cousins is unable to reproduce.
The marriage of a minor without consent of a parent is not listed as one of the marriages that is prohibited under Arizona law. Instead A.R.S. § 25-102 states that a minor "shall not" marry without the consent of a custodial parent and that a marriage license cannot issue without the consent of a custodial parent. But the statutes do not declare these marriages void. If you have questions about these types of cases, contact an experienced Arizona common law attorney at the Daly Law Firm, PLLC for a free consultation. 

Daly Law Firm, PLLC – Common Law Marriage in Arizona Attorney
 
The Daly Law Firm represents clients that are trying to determine the validity of their common law marriage in the greater Phoenix area, including: Phoenix, Mesa, Glendale, Chandler, Scottsdale, Gilbert, Tempe, Peoria, and surrounding areas of Maricopa County, Arizona. Is there common law marriage in Arizona? Ask us. Are there common law marriages in Arizona? We can tell you.  If you have been served with divorce papers or you are contemplating a divorce and aren’t sure whether you have a valid marriage in Arizona, contact an experienced attorney at the Daly Law Firm by calling (480) 607-8308.
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