Legal Question in Family Law in Arizona

The leading case on the issue is Barbosa-Johnson v. Johnson, 174 Ariz. 567, 851 P.2d 866 (Ct. App. 1993), review denied, 177 Ariz. 310, 868 P.2d 323 (1994).

Which states in part:

"The validity or invalidity of a marriage in this state is statutorily determined. A.R.S. � 25-125 sets forth the following general requirements for a valid marriage:

A valid marriage is contracted by a male person and a female person with a proper marriage license in the presence of an official and two witnesses who participate in a ceremony conducted:

1. By a person authorized to solemnize marriages who signs and files the marriage license with the clerk of the superior court.

2. In the presence of at least two witnesses of lawful age who sign the marriage license.

All of these statutory requirements were satisfied [in this case] except for the admitted failure of the pastor to file the marriage license with the clerk of the superior court, a class two misdemeanor under A.R.S. � 25-128(A)(3). That failure alone, however, does not invalidate the marriage." Barbosa-Johnson v. Johnson, 851 P.2d 866 at 868.

So to answer your question more specifically, if you had a ceremony or it was solemnized by a person authorized to marry, it was signed by that person, and two witnesses than you will be officially recognized as married under the laws of the State of Arizona regardless if the marriage license was filed. Therefore, if you want dissolve the marriage you will have to do so through the courts.

Why the pastor gave it back to you I am unsure, usually the pastor or church will be responsible for filing it.

As far as the voiding of the marriage license in 90 days, I think you may be referring to statute that states that a marriage issued by the state will expire if the marriage is not signed or solemnized within a one year time period.

And just to be sure check the marriage license and make sure there is no filing stamp or number issued by the Clerk of the Superior Court. Perhaps the Pastor issued you the marriage license after it had been filed and returned to him.

Hope this helps.