Arizona
Common Law Marriage in Arizona: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
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 , 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.
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.
Last updated: June 2, 2026.
More Arizona Laws
Frequently Asked Questions
Does Arizona have common law marriage?
No. Arizona has never recognized common law marriage formed within the state. A.R.S. section 25-111 requires solemnization, and A.R.S. section 25-121 requires a marriage license. No amount of cohabitation in Arizona creates a legal marriage without those steps.
What happens if I had a common law marriage in another state and then moved to Arizona?
Arizona will recognize a common law marriage that was validly formed in another state under the Full Faith and Credit Clause and comity principles. You retain married status in Arizona for purposes of divorce, inheritance, property rights, and spousal maintenance. You would need to file for divorce in Arizona or another court of competent jurisdiction to end the marriage.
Is 7 years of living together considered common law marriage in Arizona?
No. This is a myth. No state requires or recognizes a specific number of cohabitation years as creating a marriage, and Arizona does not allow common law marriage formation at all. Cohabiting in Arizona for 7 years, or any number of years, without a license and ceremony does not create a legal marriage.
Can I claim common law marriage rights in Arizona after a long-term relationship ends?
Not for a relationship formed and maintained entirely within Arizona, because Arizona does not recognize common law marriage formation. If the relationship involved a period of cohabitation in a state that does allow common law marriage, you may be able to assert that a valid common law marriage was formed there, but this requires meeting that state's specific requirements and presenting evidence to an Arizona court.
What is the difference between a domestic partnership and a common law marriage in Arizona?
Arizona does not have a statewide domestic partnership registry for unmarried couples. Some municipalities may offer local registries with limited benefits. Neither a domestic partnership nor a long-term cohabiting relationship has the same legal status as a marriage. Common law marriage, as discussed, is not formed in Arizona; only a formally licensed and solemnized marriage creates full marital rights.
Do I need a divorce if I have a common law marriage?
Yes, if the common law marriage was validly formed in a state that permits it. A legal marriage, whether ceremonial or common law, can only be dissolved by divorce, annulment, or death. There is no informal or automatic dissolution. Failing to divorce before remarrying can result in the second marriage being void.
Which states allow common law marriage that Arizona would recognize?
As of 2026, the states that still allow formation of new common law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested agency recognition), Rhode Island, Texas (called informal marriage), and Utah (requires a court order). The District of Columbia also recognizes common law marriage. A marriage validly formed in any of those jurisdictions will be recognized in Arizona.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 1 (MARRIAGE), Article 2 (Validity of Marriage)
§ 25-111Requirement of license and solemnization; covenant marriagesIn force
A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title. 2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized. 3. The marriage is solemnized before the expiration of the marriage license. C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 18 court opinionsMost recently applied by a court: 2025
Leading cases:
- Moran v. Moran (Court of Appeals of Arizona 1996, 188 Ariz. 139)“…riage contract created a legal and lawful marriage and that A.R.S. §§ 25-111 and 25-121 are invalid, as applied to h…”
- Gamez v. Industrial Commission (Court of Appeals of Arizona 1976, 114 Ariz. 179)“…n a wedding ceremony in Arizona, as would be required under A.R.S. § 25-111, et seq. Petitioner relies…”
- Vandever v. Industrial Com'n of Arizona (Court of Appeals of Arizona 1985, 148 Ariz. 373)“…valid marriage contracted within the state as set forth in A.R.S. § 25-111. 1 Thereafter, petitioner…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 1 (MARRIAGE), Article 3 (Marriage License, Ceremony and Record)
§ 25-121Marriage license; application; affidavitIn force
A. Persons shall not be joined in marriage in this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state. This subsection does not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage pursuant to section 25-902. B. Persons who wish to marry shall apply to the clerk of the superior court for a license and shall complete and sign under oath an affidavit provided by the clerk that states each applicant's name, age and residential address. The affidavit shall include a statement by the applicants that they understand that information on sexually transmitted diseases is available from the county health department on request and that these diseases may be transmitted to their unborn children. The applicants shall provide their social security numbers to the clerk separately from the affidavit. The affidavit shall be filed by the clerk who shall then issue to the applicants a license directed to the persons authorized by law to solemnize marriage and shall collect the fee prescribed by section 12-284. The license is sufficient authority for any authorized person to…
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 3 court opinionsMost recently applied by a court: 2022
Leading cases:
- Marriage of Donlann v. MacGurn (Court of Appeals of Arizona 2002, 203 Ariz. 380)“…marriage license must come from an Arizona superior court. A.R.S. § 25-121(A) (2000) requires the clerk’s license…”
- Moran v. Moran (Court of Appeals of Arizona 1996, 188 Ariz. 139)“…ne of the parties to be so authorized. Additionally, A.R.S. § 25-121(A) provides: No persons shall be…”
- Bernal v. Jensen (District Court, D. Arizona 2022)“…ted as a superior court judge pro tempore 14 pursuant to A.R.S. §§ 25-121 and 12-222. (See Docs. 7-1 at 213–14,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 25 (Marital and Domestic Relations), Chapter 3 (DISSOLUTION OF MARRIAGE), Article 2 (Dissolution of Marriage)
§ 25-319Maintenance; guidelines; computation factorsIn forcecited in 3 of our articles
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Lacks earning ability in the labor market that is adequate to be self-sufficient. 3. Is the parent of a child whose age or condition is such that the parent should not be required to seek employment outside the home. 4. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse or has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The supreme court shall establish guidelines for determining and awarding spousal maintenance.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 216 court opinionsMost recently applied by a court: 2026
Leading cases:
- Marriage of Gutierrez v. Gutierrez (Court of Appeals of Arizona 1998, 193 Ariz. 343)“…r the trial court properly considered the factors listed in A.R.S. § 25-319(B).” Id. ¶ 16 The tria…”
- Cullum v. Cullum (Court of Appeals of Arizona 2007, 215 Ariz. 352)“…not err in using the Guidelines’ factors consistently with A.R.S. section 25-319 and we affirm. 1 FACTU…”
- Neal v. Neal (Arizona Supreme Court 1977, 116 Ariz. 590)“…whether the prerequisites for spousal maintenance were met. A.R.S. § 25-319(A) prescribes the necessary elements:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alimony by State: How Spousal Support Works (2026), Arizona Spousal Maintenance (Alimony) Laws: The 2023 Guidelines (2026)
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 22 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Leading cases:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026), Common Law Marriage in Arkansas: Is It Recognized? (2026), Common Law Marriage in Delaware: Is It Recognized? (2026)
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Sources and References
- A.R.S. section 25-111(azleg.gov)
- A.R.S. section 25-121(azleg.gov)
- U.S. Constitution Art. IV sec. 1(law.cornell.edu)
- Arizona Revised Statutes section 25-319, Maintenance; guidelines; computation factors. Arizona Legislature(azleg.gov).gov
- Texas Family Code section 2.401, Informal Marriage. Texas Legislature(statutes.capitol.texas.gov).gov
- Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov