logo

The Global Domain Name (url) Families.com is currently available for acquisition. Please contact by phone at 805-627-1955 or Email for Details

Marriage Laws – Arizona

As we continue our series on marriage laws, we are heading south to the desert states of Arizona. Arizona is one of three states that have covenant marriage on the books. The statue was added in 1998 and we’ll explore more about that in today’s look at Arizona marriage laws.

Arizona

Applicants do not need to be a resident of the state to marry there. You should be sure to check with the county where you plan to get married as each county may have specific requirements. Be sure to bring a valid photo ID along with your social security card when you go to apply for your marriage license. You will not need a copy of your divorce decree if you were married previously. Arizona also has no waiting period associated with getting married. Fees for your marriage license run about $50, be prepared to bring cash or a money order.

Arizona does have a covenant marriage option. The statute governing covenant marriages was incorporated in 1998. Couples applying for a marriage license in Arizona may check the box that indicates they want to their marriage to be a covenant marriage.

What is a Covenant Marriage?

So what does that mean exactly? According to the Arizona statues, couples who want a covenant marriage must submit an agreement in writing that states:

We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives.

Once they have done that. They must then execute an affidavit that states they received premarital counseling from a designated marriage counselor or member of the clergy. The counseling must include:

  • A discussion about the seriousness of choosing a covenant marriage
  • Affirm that covenant marriage is a lifetime commitment
  • Affirm the commitment to seek marriage counseling for marital difficulties
  • Discuss the only grounds (they are considered exclusive) under which the couple may legally terminate their covenant marriage

The counselor must provide the couple with a signed, notarized statement that the couple received the requested counseling. Couples who choose covenant marriages choose to make it harder to get a divorce. Under the statues governing covenant marriages in Arizona, a judge can only grant a divorce if one of the spouses:

  • Commits adultery
  • Commits a crime (felony) and is sentences to imprisonment or death
  • Abandons the other for at least a year and refuses to return
  • Is physically or sexually abusive to the spouse, a relative or a child
  • Elects to live apart and maintains a separate life for a year or more
  • Is an addict (drugs or alcohol) and refuses to seek treatment
  • Agree to dissolve the marriage

There is no no default cause of action for divorce if you have chosen a covenant marriage. Also, if you and your spouse are already married and you want to make it a covenant married. You need to sign a marriage license affidavit and file a ‘Declaration of Intent to Enter Into a Covenant Marriage’ with the Marriage License Office.

Arizona does not allow for:

  • Proxy Marriage
  • Common Law Marriage
  • Same Sex Marriage
  • Cousin Marriage (unless the couple are over the age of 65 or can prove they cannot reproduce)

Applicants under 18, need signed and notarized consent from their parents. If they are under 16, they need consent from a family court judge as well as parental consent. An Arizona marriage license is valid for 1 year. To obtain a copy of your Arizona marriage certificate, you need to contact the county where you obtained your marriage license.

The above information should be taken as guidance only, legal requirements for state and county marriage licenses change often. Please verify the necessary paperwork and more with the office of the county clerk prior to making your wedding plans

This entry was posted in Marriage Law and tagged , , , by Heather Long. Bookmark the permalink.

About Heather Long

Heather Long is 35 years old and currently lives in Wylie, Texas. She has been a freelance writer for six years. Her husband and she met while working together at America Online over ten years ago. They have a beautiful daughter who just turned five years old. She is learning to read and preparing for kindergarten in the fall. An author of more than 300 articles and 500+ web copy pieces, Heather has also written three books as a ghostwriter. Empty Canoe Publishing accepted a novel of her own. A former horse breeder, Heather used to get most of her exercise outside. In late 2004, early 2005 Heather started studying fitness full time in order to get herself back into shape. Heather worked with a personal trainer for six months and works out regularly. She enjoys shaking up her routine and checking out new exercises. Her current favorites are the treadmill (she walks up to 90 minutes daily) and doing yoga for stretching. She also performs strength training two to three times a week. Her goals include performing in a marathon such as the Walk for Breast Cancer Awareness or Team in Training for Lymphoma research. She enjoys sharing her knowledge and experience through the fitness and marriage blogs.