Feature Article
The Legal Challenges of Common Law Marriage in Arizona
Common law marriage is a concept that has existed for centuries, and despite its decreasing popularity, it is still a topic of interest in family law. 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.
The History of Common Law Marriage
Common law marriage, also known as informal marriage, originated in England in the 16th century. It is a union between two individuals who have lived together for a considerable period and have presented themselves to others as a married couple without the formalities of a marriage certificate. Common law marriage was recognized in the United States until the late 19th century, but now only a few states continue to recognize it.
The Legal Implications of Not Being Recognized as a Married Couple
Arizona is one of the many states in the US that does not recognize common law marriages. This means that couples who consider themselves married but are not legally married cannot avail themselves of the rights and protections that come with a formal marriage certificate.
For example, common law spouses have no legal right to inherit from each other's estates, nor do they have the right to make medical decisions on behalf of each other or file wrongful death claims. Moreover, in the event of a breakup, common law spouses do not have the same legal rights to property division, spousal maintenance, child support, or child custody as legally married couples.
How a Legal Paraprofessional Can Help
Whether you're unsure if you are in a common law marriage, or you need legal guidance in protecting your rights and assets as a spouse, hiring a legal paraprofessional can provide much-needed support. A legal paraprofessional can assist you in understanding the legal implications of being in a common law marriage and can guide you through the process of getting legally married or drafting agreements to protect your interests.
A family law legal paraprofessional can help common-law spouses to navigate their separation process, file for custody of children, or divide property in a fair and equitable manner. Since common-law marriages rights and obligations are much less formalized than legal marriage, a legal paraprofessional can assist in creating a comprehensive agreement between couples that helps put into writing all elements of their finances and relationship.
The Challenges of Common Law Marriage Originating in Another State
Even if you got married in a state that recognizes common law marriage, Arizona will not recognize it, which can be a significant problem if you move to Arizona. In such a scenario, a legal paraprofessional can help you in understanding what steps you need to take to protect your rights. They can help you determine if your marriage is valid under common law as well as drafting affidavits or contracts to protect your interests.
The Financial Implications of Not Being Recognized as a Legal Spouse
One disadvantage of common law marriage is that it can make it challenging to qualify for spousal benefits. This is because, to be recognized as a spouse, an individual must be legally married or part of a domestic partnership or civil union as recognized by the state. If you are in a common law marriage that is not recognized, you will not be entitled to spousal benefits such as Social Security, joint taxes income benefits, or health and life insurance. Your partner's employer may not even recognize your relationship as viable, thereby disqualifying you from dependents' coverage.
The Bottom Line
Common law marriage is not recognized in Arizona, which means that common law spouses do not have the same legal rights and protections as legally married couples. However, this does not mean that those in a common law marriage are completely left without legal recourse. With the help of a legal paraprofessional, common law couples can ensure their legal rights are protected while also understanding the legal implications of not being recognized as married partners.
For more information on common law marriage, and how a legal paraprofessional can help with your specific case, visit common law marriage in Arizona.
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