Common Law Marriage in Arizona: Is It Recognized? (2026)

Arizona does not recognize common law marriage formed within the state. Under A.R.S. section 25-111, every marriage in Arizona requires a license and a ceremony. Arizona does, however, give full legal effect to a common law marriage validly formed in another state.

Information last verified on June 2, 2026.

Does Arizona recognize common law marriage?

Arizona does not allow couples to form a common law marriage within the state. A.R.S. section 25-111 states that marriages in Arizona must be solemnized according to law, and A.R.S. section 25-121 requires a valid marriage license before solemnization can occur. Because Arizona has never enacted a statute permitting common law marriage formation, there is no grandfather cutoff date for Arizona-formed unions. A couple that lives together in Arizona for any length of time, presents themselves publicly as married, and never obtains a license has not formed a legally valid marriage under Arizona law, regardless of how long they cohabitate or what they tell others.

This rule has been consistent throughout Arizona statehood. Courts applying Arizona law have repeatedly held that cohabitation alone, even with a mutual intention to be married, does not create a marital relationship. The requirement for a license and ceremony is not a technicality; it is the foundation of marriage recognition in the state.

Why Arizona has never recognized common law marriage formation

Arizona is one of many states that has never extended legal recognition to informally formed marriages. The legislature, rather than abolishing a prior rule, simply never adopted one. The statutory marriage scheme under Title 25 of the Arizona Revised Statutes treats the license and solemnization requirements as prerequisites, not optional formalities.

A.R.S. section 25-111 reads in relevant part that marriages must be solemnized in the manner provided by law. A.R.S. section 25-121 requires a county clerk to issue a marriage license before solemnization. These provisions work together to make the formal licensing process the exclusive pathway to marriage in Arizona. No judicial decision has interpreted these provisions to permit an informal alternative.

Because Arizona never recognized common law marriage formation, there is no equivalent to the grandfather dates that exist in states like Alabama (January 1, 2017 cutoff) or Pennsylvania (January 1, 2005 cutoff). A couple claiming a common law marriage formed in Arizona simply has no legal basis for that claim, regardless of when the relationship began.

Does Arizona recognize a common law marriage from another state?

Yes. Arizona gives full legal effect to a common law marriage that was validly formed in a state that permits such marriages. This recognition flows from two sources: the Full Faith and Credit Clause of the United States Constitution, which requires each state to give credit to the public acts, records, and judicial proceedings of other states, and the common law principle of comity, under which courts recognize foreign legal relationships that were valid where created.

Practically, this means that a couple who formed a valid common law marriage in Colorado, Texas, Iowa, or another state that allows common law marriage formation, and who later moves to Arizona, retains that marital status in Arizona. Arizona courts treat the couple as legally married for purposes of divorce, property division, spousal maintenance, inheritance rights, and all other legal incidents of marriage.

To invoke Arizona recognition, a party must show that the marriage was valid under the law of the state where it was formed. For example, a couple asserting a Texas informal marriage must show that they met the requirements of Texas Family Code section 2.401, including agreement to be married, cohabitation in Texas, and representation to others that they were married.

How to prove a common law marriage formed in another state

Because a common law marriage leaves no license or certificate, the burden of proof falls on the party asserting the marriage. The standard of proof and the specific elements vary by state, but courts evaluating a claimed common law marriage typically look at the same categories of evidence.

Evidence courts commonly consider includes:

• Joint tax returns filed as "married filing jointly" or "married filing separately"
• Joint bank accounts, joint mortgage or lease agreements, or jointly titled property
• Insurance policies listing the partner as a spouse or dependent
• Statements on loan applications, credit applications, or government forms identifying the relationship as a marriage
• Testimony from family, friends, neighbors, coworkers, or clergy who knew the couple as a married pair
• Written correspondence, social media posts, or other documents referring to each other as husband, wife, or spouse
• Shared last name or use of the other partner's last name
• Affidavits signed by both parties acknowledging the marriage

No single piece of evidence is determinative. Courts look at the totality of the relationship to determine whether the parties genuinely agreed to be married and held themselves out as married, as required by the law of the state where the marriage was allegedly formed.

The 7-year myth

A widespread misconception holds that living together for 7 years automatically creates a common law marriage. This is false in every jurisdiction in the United States. No state, including the states that still permit common law marriage formation, sets a minimum number of years of cohabitation as a requirement or automatic trigger.

The requirements for a valid common law marriage, in states that allow it, focus on the intent and conduct of the parties: mutual present agreement to be married, cohabitation in the state, and public representation of the marriage. Duration of cohabitation may be relevant as circumstantial evidence of intent, but there is no threshold number of years that creates a marriage by itself.

In Arizona, this point is especially important because the state does not recognize common law marriage formation at all. No period of cohabitation, whether 7 years or 70 years, creates a marriage in Arizona without a license and ceremony.

How a common law marriage ends

A valid common law marriage, wherever it was formed, can only be terminated by a formal legal divorce. There is no such thing as a "common law divorce" or an informal dissolution of a marriage. Walking away from a relationship, separating households, or no longer presenting as a married couple does not end a legal marriage.

This rule has significant practical consequences. A person who entered a valid common law marriage in Colorado, then moved to Arizona, and "separated" without filing for divorce is still legally married under Arizona law. If that person later attempts to marry a new partner in Arizona, the second marriage would be void or voidable because a prior valid marriage subsists.

Divorce proceedings to dissolve a common law marriage validly formed in another state proceed under Arizona law in the same manner as a divorce from a ceremonially solemnized marriage. The court applies Arizona's community property rules, the spousal maintenance guidelines under A.R.S. section 25-319, and the same jurisdictional and procedural requirements that govern any Arizona dissolution action.

For context on what that process involves financially, see Arizona alimony laws and Arizona child support laws.

For a state-by-state comparison of which states recognize common law marriage, see Common law marriage by state.

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Disclaimer: This page provides general legal information about common law marriage recognition in Arizona and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Arizona family law attorney for advice about your specific situation.

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Sources

• Arizona Revised Statutes section 25-111, Marriage; necessity of solemnization. Arizona Legislature. azleg.gov
• Arizona Revised Statutes section 25-121, Marriage license; issuance. Arizona Legislature. azleg.gov
• Arizona Revised Statutes section 25-319, Maintenance; guidelines; computation factors. Arizona Legislature. azleg.gov
• U.S. Constitution, Article IV, section 1 (Full Faith and Credit Clause). Cornell Legal Information Institute. law.cornell.edu
• Texas Family Code section 2.401, Informal Marriage. Texas Legislature. statutes.capitol.texas.gov
• Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly. leg.colorado.gov

Last updated: June 2, 2026.