Q: Do I need a marriage license?
A: Yes. Marriage is considered a legal contract. A marriage ceremony performed without a proper marriage license is not a legal marriage. Individuals wanting to get married may apply for the license at the clerk of the Superior Court in any Arizona county (A.R.S. §25-121).
Q: Once I have the license, what else do I need?
A: You will need a marriage ceremony (A.R.S. §25-111), held by a clergyman or judge (A.R.S. §25-124), before the expiration of the marriage license, which is one year (A.R.S. §25-121 (B)). Additionally, you will need (A.R.S. §25-125):
- Two witnesses who are also at least eighteen years of age to participate in the ceremony;
- The marriage license must be signed by both people being married, the two witnesses to the marriage ceremony, and the person who conducted the marriage; and
- The person who conducted the marriage must return the signed marriage license to the Clerk of the Superior Court for recording.
Q: What is community property?
A: In Arizona, community property is anything of value acquired by either spouse while they are married (A.R.S. §25-211). Community property might include a home, earned pay or benefits from each spouse’s work, vehicles, and any loans or debt from things like credit cards. When a couple’s marriage ends in divorce, community property is split “equitably” (which generally means equally) between both spouses even if one spouse contributed more to acquiring the property. Arizona law also recognizes “separate property” which is not counted as community property. Separate property might include property owned by one spouse prior to a marriage or property received as a gift or inheritance by only one spouse (A.R.S. §25-213)
Q: Who is responsible for paying the bills?
A: Both spouses have equal management and control over the community property and have equal responsibility for community debts (the bills) (A.R.S. §25-214). Both have an obligation to provide for the support of the other spouse and their minor children (A.R.S. §25-501).
Laws may have changed since the last time this article was updated. The current and most up-to-date laws can be accessed here.