The Ins and Outs of Common Law Marriages in Arizona
Common law marriages have been around for centuries, but they continue to be a topic of interest in the modern legal landscape. In Arizona, however, common law marriage is not recognized, which can lead to some unique legal challenges for couples who consider themselves to be husband and wife without a formal marriage certificate.
What is a Common Law Marriage?
A common law marriage is a marriage that is recognized by the state without a formal marriage certificate. Instead, the couple is recognized as being married based on their actions and behavior.
Common law marriages are valid in some states, but not all. In those states where they are recognized, there are certain requirements that must be met for the couple to be considered legally married. For example, they may need to have lived together for a certain amount of time or presented themselves as married in public.
Does Arizona Recognize Common Law Marriage?
In the state of Arizona, common law marriage is not recognized. This means that even if a couple has been living together for many years and considers themselves to be married, they will not be considered legally married in the eyes of the state.
This can lead to some unique legal challenges, particularly when it comes to property rights and other legal issues that arise in a divorce or separation. For example, if a couple has been living together for many years and has acquired property together, it may be difficult to determine how that property should be divided if they decide to separate.
The Legal Implications of Not Being Recognized as a Married Couple
One of the main legal implications of not being recognized as a married couple in Arizona is that you will not have the same legal rights and protections as a married couple would. For example, if one partner becomes ill or incapacitated, the other may not have the legal right to make medical decisions on their behalf or to inherit their assets if they pass away.
Additionally, if the couple decides to separate, they may not have the same legal protections and rights as a married couple would. Without a formal divorce, it can be difficult to determine how property should be divided or how custody arrangements should be made for any children the couple may have.
What to Do if You Believe You Have a Common Law Marriage
If you believe that you have a common law marriage, it is important to speak with a legal professional to understand your rights and options. While common law marriages are not recognized in Arizona, they may be recognized in other states. Additionally, even if your common law marriage is not recognized, there may be legal steps you can take to protect your rights and assets in the event of a separation.
Seeking Affordable Legal Services
One option for couples who believe they have a common law marriage is to seek affordable legal services from a legal paraprofessional. These professionals can provide much-needed guidance and support, helping couples understand their legal rights and options.
Whether it's understanding the legal implications of not being recognized as a married couple in the eyes of the state or seeking affordable legal services to protect each other's rights and assets from a common law marriage originating in another state, a legal paraprofessional can be a valuable resource.
Conclusion
While common law marriages are not recognized in Arizona, they continue to be a topic of interest and concern for many couples. If you believe that you have a common law marriage or are facing legal issues related to a common law marriage, it is important to seek the guidance of a legal professional. With the right guidance, you can protect your rights and assets and move forward with confidence.
* This article was originally published here
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