Arizona Marriage Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 18, 2024

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When a couple decides to get married, they may get so caught up in other aspects of the relationship that they lose sight of the legality of the union. Whenever parties form a contractual relationship, they have certain rights and responsibilities. Sometimes, conditions must be met before entering into the contract.

This is true for the marriage contract. The engaged couple must follow certain requirements that enable them to get married. These include specific age, consent, and capacity requirements. Although there's uniformity in state marriage requirements, the laws do vary by jurisdiction. Getting married in Arizona requires familiarity with Arizona law to ensure a smooth road to matrimony.

Arizona Marriage Laws Synopsis

While an attorney's advice is important when you must know every facet of the law, a plain-language explanation of a statute can give a great introduction. See the chart below for a brief synopsis of marriage laws in Arizona.

Statutes

Arizona Revised Statutes:
Valid marriage

For a valid marriage in Arizona:

  • The couple must get a marriage license
  • Take part in a marriage ceremony
  • The marriage must be solemnized (by a person legally authorized to do so) before the license expires

Marriage Licenses Requirements

To get a license:

  • The couple must appear together at one of the Justice Court offices and must provide a valid form of I.D., such as a driver’s license.
  • There is no blood test and no waiting period.
  • The license is valid for 12 months.

If either party is under the legal age of 18, they must give a court order and sworn statement from the minors’ parents or guardians to the county clerk.

In cases involving minors, the court may need more documentation to ensure the marriage is in the best interest of the minors.

Marriage Ceremony

The wedding ceremony doesn't have to be traditional, but a person authorized to solemnize marriages in Arizona must perform it.
Covenant marriage

You have two options: a standard marriage or a covenant marriage because Arizona recognizes "covenant marriages." That's a marriage contract where the couple promises to remain married for life and not to get a divorce.

Covenant Marriage Requirements

  • Complete the marriage license documentation
  • Get premarital counseling from a marriage counselor or a member of the clergy who advises the couple that marriage is a lifelong union
  • After completing the counseling, the couple signs a notarized statement that the counseling was completed
  • The notarized statement is submitted with the marriage license

Conversion of Standard Marriages

If a married couple wants to convert their marriage to a covenant marriage, they can get an application from the Clerk of the Superior Court, submit the application, and their marriage will convert to a covenant marriage when the application process is complete.
Other types of marriages/ prohibited marriages

Same-Sex Marriage

Same-sex marriage is legal in all states including Arizona.

Common-Law Marriage

Common-law marriages created within the state aren't valid. But Arizona recognizes common law marriages that are valid in other jurisdictions.

Prohibited Marriages

  • No marriages between parents/child, brother/sister, uncle/niece, aunt/nephew, or first cousins except under some conditions
  • First cousins can marry if they are at least 65 years old. If one or both are under 65, they may marry if they get court approval based on showing that one of them is sterile and incapable of reproducing.
  • If a party is at least 16 years of age, they must get parental consent to marry.
  • If a party is under 16, they must get parental consent and court approval.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Arizona Marriage Laws: Related Resources

Questions About Arizona Marriage Laws? Contact an Attorney

If you're engaged, you'll want to make sure that you know everything about Arizona's marriage laws before tying the knot. Whether you're interested in a covenant marriage or just need help with the marriage license application, an experienced attorney can help you. Contact an Arizona family law attorney for legal advice today.

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