Marriage Law Basics: Legal Requirements and Implications

Getting married is not all about love between you and your significant other. It is also a legal commitment with specific legal requirements and implications. You and your partner will become one in many aspects of the law. For instance, you will have joint ownership rights to property.

Like with other legal contracts, marriage comes with specific rights and responsibilities. For instance, Arizona law requires you to fulfill certain requirements before your wedding day, including applying for a marriage license. You and your partner also need to meet age and consent requirements.

It is important to understand these legal requirements and implications if you are considering marriage. Understanding the basic legal framework of marriage in Arizona will help you make an informed decision and avoid potential legal disputes.

Legal Requirements for Marriage in Arizona

• Age and Consent. The legal age of consent to get married in Arizona is 18 years. However, there are exceptions for minors who wish to marry. The state requires parental consent for minors aged between 16 and 17 years. Those under 16 require parental consent and court approval to get married in Arizona.
• Marriage License Application. The state requires couples considering marriage to obtain a marriage license from the clerk of the superior court at the County office. The couple must appear together for the license application and provide the required documents, including a valid ID. The marriage license is valid for 12 months. The married couple needs to register the license with the clerk’s office within 30 days of their wedding ceremony.
• Officiants and Ceremony. Arizona laws authorize specific people to officiate a marriage ceremony, including duly ordained clergymen, judges, and justices of the peace. While a marriage ceremony does not have to be a wedding, it must meet some legal requirements to be valid. For instance, there must be at least two adult witnesses.

Prohibited and Void Marriages

Arizona has some strict restrictions on who can and who cannot get married. Some of the restrictions or prohibitions include:

• There can be no marriages between close relatives, including parent and child, brother and sister, uncle and niece, or aunt and nephew.
• There can also be no marriage between first cousins except under certain conditions. First cousins can only marry if they are at least 65 years old. If one or both are under 65, they need court approval showing that one of them is sterile and incapable of reproducing.

Arizona also automatically voids or invalidates some marriages, including bigamous marriages. The state requires a person to dissolve a previous marriage before entering a new one, otherwise, the new marriage is void.

The Legal Implications of Marriage

1. Property Rights. As a community property state, Arizona courts divide equally any assets you and your spouse acquire in marriage during divorce. According to Arizona family laws, both you and your spouse own 50% of the marital property even if your spouse didn’t work towards acquiring the property.
2. Spousal Support or Alimony. If you are a higher-earning spouse, Arizona family law requires you to pay alimony or spousal maintenance to your partner during or after divorce proceedings. It is important to consider spousal support obligations before getting married as they can have a significant impact on your finances.
3. Inheritance Rights. In Arizona, you automatically inherit your deceased spouse’s half of the marital property if they don’t have descendants or if their descendants are only from your relationship together. If they have descendants from another relationship, you can only inherit the deceased spouse’s half of the marital property under the right of survivorship.
4. Tax Considerations. Marriage affects how you file taxes, including tax deductions, credits, and tax on real estate planning. For instance, joint filing may have some benefits like reducing your total tax expenses. However, some situations may require you to file separately. Whether you file jointly or separately, you need to consider these implications when getting married.

Divorce in Arizona

While most people consider marriage a lifetime commitment, sometimes it can end in divorce. In Arizona, you only need to show there are irreconcilable differences in the marriage to file for divorce or dissolution of marriage. You do not even need to prove that someone is at fault for the breaking of the marriage.

The court also only needs one spouse to desire and file for divorce to start divorce proceedings. While the other spouse cannot stop the divorce from happening, they can disagree with one or all the terms of the divorce. They can seek negotiations on asset division, child custody and support, and alimony. They get the option of negotiating out-of-court in mediation or litigation in court.

Marriage Alternatives

Besides standard marriages, Arizona also allows covenant marriages. This is where a couple agrees to make all reasonable efforts to stay married. Covenant marriages have additional requirements when getting married and divorcing. For instance, Arizona law requires you to complete premarital counseling before getting married.

You will also need to have specific grounds for divorce, including adultery, domestic violence, or an agreement by both spouses to dissolve the marriage. Arizona law allows couples in a standard marriage to convert it to a covenant marriage. The couple only needs to make an application for conversion with the superior court clerk’s office.

Arizona also recognizes marriage alternatives like domestic partnerships and civil unions. Unlike most states, Arizona does not recognize common-law marriage within the state. However, it recognizes valid common-law marriages from other states.

Contact a Tucson Family Attorney

While you need to consider many aspects when getting married, you should never ignore the legal requirements and implications of marriage. Understanding the legal aspect of marriage, including requirements like age and consent and implications like joint property ownership can help you avoid potential legal issues.

If you are considering marriage and are worried about navigating the complexities of its legal requirements and implications, we are here for you. Our skilled and experienced family law attorneys at Liberty, Audette & Associates will guide you through often complex legal aspects of marriage. We will ensure you have all the necessary information to help you make an informed decision. Contact us to schedule a free consultation and learn more about our services.