Arizona Marriage Laws, Get Ordained - Licensed (559) 297-4271 |
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.
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 1: Capacity of Persons to
Marry
A. Persons under eighteen years of age shall not marry without the
consent of the parent or guardian having custody of such person.
Persons under sixteen years of age shall not marry without the consent
of the parent or guardian having custody of that person and the approval
of any superior court judge in the state. When both parents are living
the consent of either parent is sufficient. When the parents are living
apart, the consent shall be given by the parent who has the custody of
the minor.
B. Before authorizing the marriage of a person who is under sixteen years of age, the court:
1. Shall require both parties to the marriage to complete premarital
counseling. The court may waive this requirement if the court determines
that premarital counseling is not reasonably available.
2. Must find that the minor is entering into the marriage voluntarily.
3. Must find that the marriage is in the best interests of the minor under the circumstances.
4. May require that the minor continue to attend school.
5. May require any other condition that the court determines is reasonable under the circumstances.
C. A marriage shall not take place under this section if it is
prohibited by the law relating to prohibited and void marriages.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 1: Capacity of Persons to
Marry
A. It is declared that the public policy of this state and the general purposes of this title are:
1. To promote strong families;
2. To promote strong family values.
B. It also is the declared public policy of this state and the general
purpose of this title that absent evidence to the contrary, it is in a
child's best interest:
1. To have substantial, frequent, meaningful and continuing parenting time with both parents.
2. To have both parents participate in decision-making about the child.
C. A court shall apply the provisions of this title in a manner that is consistent with this section.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 1: Capacity of Persons to
Marry
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.
Arizona Revised Statutes - Title 25: Marital and Domestic Regulations - Chapter 1: Marriage - Article 2: Validity of Marriage
A. Marriages valid by the laws of the place where contracted are
valid in this state, except marriages that are void and prohibited by
section 25-101.
B. Marriages solemnized in another state or country by parties intending
at the time to reside in this state shall have the same legal
consequences and effect as if solemnized in this state, except marriages
that are void and prohibited by section 25-101.
C. Parties residing in this state may not evade the laws of this state
relating to marriage by going to another state or country for
solemnization of the marriage.
Arizona Revised Statutes - Title 25: Marital and Domestic Regulations - Chapter 1: Marriage - Article 2: Validity of Marriage
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 solemnize the marriage. The marriage
license shall state that the marriage license expires one year from the
date of issuance of the license.
C. Except for release to the department of economic security for the
purpose of child support enforcement, the social security number
provided to the clerk of the superior court pursuant to subsection B of
this section for an applicant's marriage license shall not be released
to any person or entity unless the applicant requests in writing that
the information be released. The provisions of this subsection shall
appear in each application for a marriage license.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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
or the city or town court clerk 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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
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.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record
The clerk of the superior court may produce an abstract of
marriage in lieu of a reproduction of the recorded marriage license. An
abstract of marriage shall include the legal name of the bride prior to
the marriage, the name of the groom, the date of the marriage and the
date on which the marriage license was recorded.
Arizona Revised Statutes - Title 25: Marital and Domestic
Regulations - Chapter 1: Marriage - Article 3: Marriage License,
Ceremony and Record