MARRIAGE LAW IN ARIZONA
The marriage in this state is governed by the "Title 25- Marital and Domestic Relations" of the Arizona Revised Statute. For solemnizing a marriage in the State of Arizona the persons wishing to marry shall first apply for the marriage License at the office of the County Clerk of the county where they resides. Both the bride and groom must appear in person at the time of applying.
REQUIREMENTS FOR OBTAINING MARRIAGE LICENSE
- ID Requirement
- The valid ID to be produced by the man and woman wish to marry, at the time applying for the license to marry.
- The following are the valid ID proof for this purpose
- A driver's license,
- State ID card,
- military id card,
- Arizona Department of Public Aid card.
- If any of the above could not be produced any two of the following will be accepted:
- certified copy of birth certificate,
- baptismal record with birth date,
- foreign passport, naturalization papers,
- US resident alien card,
- life insurance policy in effect for one year with the birth date,
- all consulate id cards.
- Residency Requirement:
- For the purpose of marriage it does not require to be resident of the state.
- Previous Marriages
- One must provide a certified copy of the divorce if he/ she has been divorced within the last six months.
- Waiting Period
- There is a waiting period of Twenty-four (24) hours from the date of application so as to obtain the marriage license.
- Divorce Decree
- If either applicant is divorced, they must provide final divorce papers signed by the judge.
- The persons of opposite sex who are of the age of 18 can marry.
- However, the person under 18 but not under 16 may marry with certain conditions.
Application of Person Under 18 Wishing To Marry
- If either or both the man or woman is of 16 or 17 years of age, he/she will have to provide a copy of his/her birth certificate along with some other sort of identification showing their date of birth.
- They must have the sworn consent from each parent, each legal guardian or a judge- in person- before the county clerk at the time of application.
The fees for obtaining a marriage license varies from county to county. However it may be approximately $50 in cash only.
VALIDITY OF LICENSE
A license issued is valid for 1 Year from the date it was issued.
The following marriages are declared to be void:
- Marriage between parents and children,
- 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.
- However, first cousins may marry if both are sixty-five years of age or older.
- If one or both first cousins are under sixty-five years of age, they can marry if they show proof to a superior court judge that one of them is unable to reproduce.
Marriage between persons of the same sex is void and prohibited.
PERSONS AUTHORIZED TO SOLEMNIZE THE MARRIAGE
The following persons are authorized to issue license.
- Ordained ministers,
- retired judges, and
public official authorized by law to perform marriage
After obtaining the License to marry the person may go to the persons authorized to solemnize the marriage ceremony. They may examine the parties on oath, before solemnizing a marriage.
A marriage is solemnized in presence of a person authorized to solemnize marriages and two attending witnesses who shall be at least 16 years of age. The marriage is considered as solemnized when the parties declare that they take each other as husband and wife in presence of two witnesses and authorized person for solemnizing the marriage.
The person solemnizing a marriage shall prepare and sign three certificates thereof. Each certificate shall contain the full names before and after marriage and county and state of residences of the parties and the date and place of the marriage. Each certificate shall also contain the signatures of at least two of the witnesses present at the marriage.
The person solemnizing the marriage shall give each of the parties one such certificate, and shall immediately make a record of such marriage.
The person solemnizing marriage shall file one such certificate with the court administrator of the district court of the county in which the license was issued within five days after the ceremony.