The Question:
My partner and I obtained an Arizona marriage license more than ten years ago, but I’m not sure we completed everything necessary to become legally married. I don’t remember whether an officiant and witnesses signed the license or whether it was returned to the court. We are now separating. Does having an Arizona marriage license mean we were legally married, and do we need to file for divorce?
RJ Says:
Simply obtaining an Arizona marriage license does not necessarily mean that you became legally married.
Under Arizona law, a marriage generally requires more than obtaining the license. The parties must participate in a marriage ceremony before the Arizona marriage license expires. Arizona marriage licenses expire one year after issuance.
The ceremony must also be conducted by someone authorized by law to solemnize marriages, or someone whom at least one of the parties believes in good faith has that authority. At least two witnesses who are 18 years of age or older must participate in the ceremony.
After the ceremony, the Arizona marriage license is to be signed by both people being married, the two witnesses, and the person who performed the ceremony. The officiant is then responsible for returning the completed license to the Clerk of the Superior Court for recording within 30 days.
Accordingly, the fact that you obtained an Arizona marriage license more than ten years ago, by itself, does not establish that you were legally married.
I would need to know what happened after you obtained the license:
- Was there actually a marriage ceremony?
- Were two adult witnesses present?
- Did you, your partner, the witnesses, and the officiant sign the marriage license?
- Was the completed Arizona marriage license returned to and recorded by the Clerk?
Importantly, failure to return or record the completed license does not necessarily mean the marriage is invalid. Arizona courts have held that an otherwise valid marriage is not invalidated merely because the completed license was never recorded.
If you are unsure what happened, we can determine whether a completed Arizona marriage license was recorded and discuss the circumstances surrounding the purported marriage. Once we have that information, we should be in a much better position to determine whether a valid marriage was actually created.
If you are legally married, the next step may include filing for dissolution of marriage and addressing legal decision making and parenting time for any children, child support, spousal maintenance, and the characterization and division of property and debts.
If you were never legally married, there may still be legal issues to address as a result of the separation, including children, jointly owned property, debts, or other financial matters.
The first step is determining your legal marital status so that you know which legal process and remedies apply. An experienced family law attorney can review your Arizona marriage license, help determine whether a valid marriage exists, and explain your options from there.
Call (602) 256-7575 to schedule a free consultation with an experienced Phoenix family law attorney.