Legal Question in Family Law in Arizona

Re: common law marriage

Arizona generally does not recognize common law marriages. The one exception applies to couples who move to Arizona and are already "married" under the common law of another state.

However, a couple who have children together, incur debts together or buy property together in Arizona still (of course) have rights and responsibilties towards eachother.

Please call me directly if you would like to discuss any other issues which might arise in the relationship.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: common law marriage

Arizona does not acknowledge common law marriage. You did not say whether you are thinking about co-habitating with someone, trying to decide whether or not to get married, or are already cohabitating, and thinking about leaving.

First, if you're thinking of co-habitating, you would be wise to put in writing your expectations for what would happen if things don't work out. This is sometimes a painful exercise - to think about ending a relationship feels very fatalistic. Actually, while you're in love is a great time to talk about how you might resolve things if the relationship does not work out. Getting rules for a kinder, gentler separation in place now may benefit you later, because anger has a way of taking over during an actual split.

If you are considering cohabitation as an alternative to marriage, or you are already cohabitating, the only protection you will have in the event of a split is the ability to enforce contractual agreements (written or oral). Unfortunately, unless you put a comprehensive prenuptual agreement in place, the agreements people make while living together often apply only while living together. For example, one partner might agree to pay the mortgage, while the other agrees to pay for utilities. Agreements like these don't translate into obligations after you split. If, however, you have agreements about how your property would be divided in the case of a split, these are usually enforceable. If your partner disputes such an agreement, you would need to show some sort of evidence (letters, witnesses, etc). In the case of real property, it is very important to get your agreement in writing. Where there are children, financial support obligations exist, regardless of the marital state.

People coming from other states where common law marriage is legally acknowledged are surprised to find that Arizona does not have similar laws. If you lived together in another state that does recognize common-law marriage before you moved to Arizona, Arizona law may recognize your marriage. You would need to consult an attorney to discuss your exact circumstance to determine whether this "loophole" might apply to you.

If you are confronting any of the situations above, you may want to consider mediation. Mediation is a good alternative for working through both prenuptual agreements and divorce issues, because the mediation process minimizes conflict and focuses on finding comfortable, creative solutions. However, especially if you came together from out of state, you may wish to consult with an attorney to discuss your particular situation, and figure out how exactly how the law applies to you. I am a lawyer-mediator and would be happy to talk with you about how mediation works. If you need a divorce lawyer and aren't sure who to call, please feel free to contact me and I can refer you to a trustworthy family and divorce lawyer.