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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : MARRIAGE

25-101 Void and prohibited marriages
A. Marriage between parents and children, including grandparents and grandchildren
of every degree, between brothers and sisters of the one-half as well as the whole blood,
and between uncles and nieces, aunts and nephews and between first cousins, is prohibited
and void.
B. Notwithstanding subsection A, first cousins may marry if both are sixty-five
years of age or older or if one or both first cousins are under sixty-five years of age,
upon approval of any superior court judge in the state if proof has been presented to the
judge that one of the cousins is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited.

25-122 Consent of parent or guardian of minor
The clerk of the superior court shall not issue a license to a person who is under
eighteen years of age without the consent required pursuant to section 25-102.

25-123 Recording licenses; endorsement of solemnization; recording return; lost licenses
A. The clerk of the superior court shall maintain a record of all marriage licenses
issued.
B. The person solemnizing the rites of matrimony shall endorse the act of
solemnization on the license and shall return the license to the clerk within thirty days
after the solemnization. The returned marriage license shall be recorded by the clerk.
C. If a marriage license is lost before the endorsement of solemnization, the
persons who wish to marry shall reapply to the clerk for a marriage license pursuant to
section 25-121 and pay a fee pursuant to section 12-284.
D. If the license that bears the endorsement of solemnization is lost, the clerk
shall issue a replacement license that must be signed by the person who solemnized the
marriage, the persons married and two of the witnesses to the marriage ceremony. The
signed replacement license shall be returned to the clerk who shall record the
license. If the persons married are unable to obtain all of the required signatures,
either of them or their representative may apply to the superior court for an order to
authorize the issuance of a duplicate endorsed marriage license. The application shall
be by a sworn statement that describes the circumstances of the marriage ceremony and
that contains the notarized signatures of the applicant and, if possible, both persons
married, the person who solemnized the marriage and at least two witnesses to the
marriage ceremony. If the application is submitted by a representative, the court shall
determine if the representative is an appropriate requesting party. Pursuant to a court
order, the clerk shall issue and record a duplicate endorsed marriage license. The court
shall not charge a fee for the application or for issuing or recording the duplicate
endorsed marriage license.

25-124 Persons authorized to perform marriage ceremony; definition
A. The following are authorized to solemnize marriages between persons who are
authorized to marry:
1. Duly licensed or ordained clergymen.
2. Judges of courts of record.
3. Municipal court judges.
4. Justices of the peace.
5. Justices of the United States supreme court.
6. Judges of courts of appeals, district courts and courts that are created by an
act of Congress if the judges are entitled to hold office during good behavior.
7. Bankruptcy court and tax court judges.
8. United States magistrate judges.
9. Judges of the ARIZONA court of military appeals.
B. For the purposes of this section, "licensed or ordained clergymen" includes
ministers, elders or other persons who by the customs, rules and regulations of a
religious society or sect are authorized or permitted to solemnize marriages or to
officiate at marriage ceremonies.

25-125 Marriage ceremony; official; witnesses; marriage license; covenant marriages
A. A valid marriage is contracted by a male person and a female person with a
proper marriage license who participate in a ceremony conducted by and in the presence of
a person who is authorized to solemnize marriages and at which at least two witnesses who
are at least eighteen years of age participate.
B. A marriage license shall be signed by both persons married, two of the witnesses
to the marriage ceremony and the person who solemnized the marriage, who shall return the
signed marriage license to the clerk of the superior court for recording.
C. This section does 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.

25-126 Application to justice of the peace for marriage and covenant marriage licenses; issuance; violation; classification
A. A justice of the peace whose office is located five miles or more from the
county seat of the county in which the office is located may be designated by the clerk
of the superior court to receive applications for and issue marriage licenses in that
county, including covenant marriage licenses, and to process the conversion of existing
marriages to covenant marriages pursuant to section 25-902. The applications for a
marriage license shall be made on forms conforming to section 25-121, which shall be
provided by the clerk of the superior court.
B. If requested by the justice of the peace designated pursuant to subsection A of
this section, the clerk of the superior court shall issue in blank licenses as requested
and charge them against the justice of the peace. A justice of the peace who has
possession of marriage license forms as provided in this section shall account for these
forms as required by the clerk of the superior court.
C. The justice of the peace designated pursuant to subsection A of this section
shall report to the clerk the issuance of each license and shall transmit the fee
prescribed by section 12-284 at the same time. Intentional failure to transmit the
report and fee or the use of the authority granted by this section by the justice of the
peace for personal gain is a class 2 misdemeanor.

25-127 Issuance of marriage license by a city or town; transfer of fees; handling fee
A. If a city or town is more than four miles from the county seat, the clerk of the
superior court may allow the clerk of the city or town to issue marriage licenses,
including covenant marriage licenses, and to process the conversion of existing marriages
to covenant marriages pursuant to section 25-902. The clerk of the superior court may
take this action only at the request of the local clerk.
B. The local clerk shall only use marriage license application forms and licenses
provided by the clerk of the superior court. The clerk of the superior court shall
provide the local clerk with these documents on request.
C. The local clerk shall account for all forms and blank licenses in the local
clerk's possession as required by the clerk of the superior court.
D. The local clerk shall collect the fee prescribed under section 12-284 and
transmit it to the clerk of the superior court. The local clerk may retain one dollar
fifty cents from the fee prescribed under section 12-284.

25-128 Unlawful acts of person authorized to solemnize marriages; classification
A. It is unlawful for any person who is authorized to solemnize marriages to:
1. Knowingly participate in or by his presence sanction the marriage of a person
under the age of eighteen years who obtained a marriage license without consent in
writing of the parent or guardian lawfully entitled to give consent.
2. Solemnize a marriage without first being presented with a marriage license as
required by the laws of this state.
3. Fail to file the marriage license with the act of solemnization endorsed on the
marriage license within thirty days of the ceremony.
4. Knowingly make a false return of a marriage or pretended marriage to the clerk
of the superior court.
B. A violation of this section is a class 2 misdemeanor.

25-129 Unlawful acts of person authorized to issue marriage license or make marriage records; classification
A. It is unlawful for a clerk of the superior court to knowingly issue a marriage
license to a person under the age of eighteen years without the consent in writing of the
parent or guardian lawfully entitled to give consent.
B. It is unlawful for any person to knowingly make a false record of a marriage
return.
C. A violation of this section is a class 2 misdemeanor.

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