Construction and manufacturing professionals, from on-site workers to top tier executives for the companies they represent, can benefit from knowing common law marriage statutes and the history of such recognized marital bonds in their state. Professionals can also find the information relevant for obvious reasons (personal legal affairs) or less obvious, yet equally vital reasons (business strategy). The question of “is Arizona a common law marriage state” is especially pertinent to Arizona residents.
Common law marriages are defined as those that do not involve explicit ceremonies or licenses, instead signified by the parties’ intent to live together as husband and wife in the eyes of the law. 11 states and Washington D.C. recognize them for all purposes, while 6 states have only limited recognition. Arizona falls into the latter category.
That said, common law divorce or annulment is not specially required in Arizona, meaning parties who’ve married under this statute are subject to the usual law of marital dissolution like ceremonial married couples. Like those who marry ceremonially, simple representation suffices. Parties can simply submit a petition, along with a decree of dissolution, and their oath affirming their date of marriage as their first day of cohabitation, that they do not want to hold an evidentiary hearing, and that the marriage is irretrievably broken. As in all divorces, if they have children, the court needs a written agreement covering child custody, visitation, and support between the parents.
For those in construction and manufacturing fields, yet living outside the state, knowing whether your state recognizes common law marriage is key. If you are in a common law marriage state, you need to abide by the laws of that state. Therefore, important matters like property division, child support obligations, visitation rights, and even responsibility for debt will be governed by that state’s laws, even if you are conducting business in a different state at the time. For instance, North Carolina is in the common law marriage qualification group, but businesses in North Carolina may not be subjected to liability for the debts of an individual spouse. If you’re conducting business there, and your spouse incurs debt that exceeds your ability-to-pay, your livelihood could be threatened as a result. Thus, knowing the law of the state in which you conduct business is imperative, from both an employee and employer perspective. It could mean the difference between financial freedom and financial catastrophe.
For more information on common law marriage, you can visit the Wikipedia page on the subject.