Open/Close Menu Law Office of Daniel Hutto

Common law marriage is a topic that often triggers a lot of curiosity and confusion.

This type of union exists somewhere in the gray area between legal marriage and unmarried cohabitation. 

Did you know that, as per the National Conference of State Legislatures, as of 2021, only a handful of states in the U.S. recognize common-law marriages?

Interestingly, Arizona is not one of them.

In this article, we’re going to explore:

Our Phoenix Family Lawyers are Here to Help!

Click to Call (602) 536-7878

common law

Understanding the Concept of Common Law Marriage

Common law marriage is a legally recognized marriage that does not require a license or a formal ceremony.

In states that recognize it, a couple is legally married if they have lived together for an extended period, hold themselves out as husband and wife, and intend to marry.

Unlike traditional marriage, there’s no piece of paper and no record-keeping, but marital rights and responsibilities are very much real. 

Common Law Marriage: The National Perspective

Across the United States, the recognition of common-law marriage varies widely.

Some states, like Colorado and Kansas, fully acknowledge these relationships, granting them the same rights and responsibilities as ceremonial marriages.

Yet, others have strict guidelines or altogether reject the idea.

This varying landscape can create confusion, especially for couples moving between states.

Recommended Choice When Searching “Family Attorney Near Me”

We Are Here To Listen. Schedule a Free Consultation Today & Speak with an Experienced Family Lawyer Now.

arizona marriage laws

The Status of Common Law Marriage in Arizona

In the face of this national disparity, where does Arizona stand?

According to Arizona Revised Statutes §25-111, Arizona does not recognize common law marriages.

In short, living together, regardless of the duration or the intent, does not constitute a legal marriage in the eyes of Arizona law. 

Even though Arizona does not grant common-law marriage status to its residents, it does recognize valid common-law marriages from other states due to the “Full Faith and Credit Clause” of the U.S. Constitution.

If a couple were legally married under common law in another state and moved to Arizona, their marriage would still be legally recognized.

For those seeking legal recognition of their relationship without a traditional marriage, there are alternatives in Arizona.

For example, couples can enter into a cohabitation agreement or a domestic partnership agreement.

While these do not offer the same legal protections as marriage, they can provide some security and clearly outline expectations for both parties.

arizona child custody

Child Custody and Support in Unmarried Couples’ Disputes in Arizona

Child custody and support are often the most contentious issues unmarried couples face.

Arizona family law (for example, A.R.S. §25-401) ensures that the child’s best interests are always prioritized, regardless of the parent’s marital status.

Both parents have rights and responsibilities, and custody and support matters are decided based on what serves the child’s best interests.

Palimony in Arizona: Is it a Myth or Reality?

Unlike alimony, which is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce, palimony is financial support given to a partner after the termination of a non-marital relationship.

It’s important to note that in Arizona, palimony isn’t recognized.

Therefore, no such obligation exists unless an unmarried couple has a written cohabitation or domestic partnership agreement outlining financial support post-separation.

Navigating the complex landscape of common law marriage, cohabitation agreements, property rights, and child custody issues can be daunting.

An experienced family lawyer from The Law Office of Daniel Hutto can offer much-needed guidance.

Our firm specializes in family law, and we are committed to helping you understand your rights and options, ensuring that you make informed decisions that serve your best interests.

Future of Common Law Marriage in Arizona: What’s in the Pipeline?

While it’s impossible to predict with certainty, Arizona’s stance on common-law marriage will stay the same in the foreseeable future.

As societal norms evolve, so do laws and legal interpretations.

One thing remains clear: ensuring your legal rights are protected in a relationship requires understanding the law and often the help of a seasoned attorney.

Marriage Laws Can Be Confusing, But We are Here to Assist

Divorce Attorneys in Phoenix AZ

Navigating common law marriage or cohabitation in Arizona can be complex, but The Law Office of Daniel Hutto is here to help.

Remember, the law is there to protect you and your rights, and having an experienced attorney by your side can make all the difference.

Let us help you through the legal intricacies—reach out today for a consultation at 602-833-0986.

Some of Our Real Client Reviews

Daniel was really great! I did not work work him directly but the work he’s done for my best friend and her daughter, we are so grateful for! He was really dedicated, always available when she needed him, professional and well prepared. He helped my best friend get primary custody of her daughter which is never an easy matter and he did advised well and knew his stuff. Thank you Daniel!
⭐⭐⭐⭐⭐ Savanah Linares (Review from Google)
Daniel and Shannon are some of the best lawyers out here. I came to them with a very complex and all over the place case. I have called a few other lawyers prior to retaining Daniel and those offices pretty much turned me away. As soon as I told Daniel about my case they acted quickly to assist and made such movement that took me months to do on my own. I truly felt that Shannon and Daniel took my case to heart and their passion about it was amazing. Thank you so much for your help and guidance. If anyone is looking for aggressive but very passionate lawyers you need to stop playing and retain the office of Daniel hutto..
⭐⭐⭐⭐⭐ Anthony Wilson (Review from Google)
If I could rate this law office 100 stars I would. Daniel and his staff went above and beyond what they needed to do to help me with my case. They did it with the utmost professionalism and respect. I couldn't have asked for a better law office to represent me. I would highly recommend to anyone who needed an attorney.
⭐⭐⭐⭐⭐ Taylor Cochran (Review from Google)
Tried and proven! I highly recommend Daniel and his team for any international matters that you may need. Daniel is an AMAZING attorney and his professional service was simply awesome. Caring and a very knowledgeable attorney who keeps you involved during the entire process. He gave prompt replies, incredible legal knowledge, displayed a high level of professionalism, clear thorough advice and completed research to find the best winningest option for you! We won...Simply the BEST from start to finish!!
⭐⭐⭐⭐⭐ Philippa A. (Review from Avvo)

Daniel Ian Hutto

This website is for informational purposes only. Using this site or communicating with the Law Office of Daniel Hutto through this site does not form an attorney/client relationship. This site is legal advertising.

© 2023 Law Office of Daniel Hutto, PLLC - All Rights Reserved | Privacy Policy



Call Now ButtonCall Now - We're Available