CALL US (602) 649-1325
For a marriage to be legal in Arizona, there must be (1) a license, (2) a ceremony before an authorized officiant and two witnesses, and (4) the ceremony is held before the license expires.
Additionally, the parties themselves must be (1) single, and (2) old enough to get married.
Now let’s consider what happens when these requirements are not met.
Failure to get a license: Marriage is invalid
Two laws touch on why a license is an indispensable marriage requirement. A.R.S. § 25-111(B) explains a marriage is not valid without a license, and A.R.S. § 25-121(A) states people cannot be joined in marriage without first obtaining a marriage license. In sum, no license, no marriage.
For example, in the 1990s, an Arizona couple signed a contract to marry rather than get a license. They held a marriage ceremony with family and friends, but they never got a contract. A few years later, the “marriage” fell apart. The judge declared they were never married in the first place because they had not obtained a license. The Court of Appeals upheld the judge’s determination that the marriage was invalid, explaining that while marriage is a civil right, the state may control the forms and procedures necessary to make a marriage legally valid. Moran v. Moran, 188 Ariz. 139, 144, (App. 1996)
Failure to record a marriage license after a ceremony: Does not automatically render the marriage invalid.
Officiants are required to file and record the marriage license after the ceremony. Sometimes, the officiant fails to do so. In State v. Guadagni, the Arizona Court of Appeals determined that an officiant’s failure to file and record the license does not render the marriage invalid.
Why treat the failure to record a license different than the failure to get a license in the first place? Because recording is on the officiant; obtaining the license is on the parties.
Failure to use an authorized officiant: Still valid if at least one of the parties, in good faith, believed the officiant was authorized to marry them.
In Arizona, people can be married by either a clergyman authorized by that faith to perform marriages or a judge. But what happens if the person who married turned out to not actually be authorized to marry you? Arizona will still recognize the marriage as valid if one of the parties genuinely believed that person was authorized to marry them. See A.R.S. § 25-111(B)(2).
This holds true even if the place where they were married would not recognize the marriage as valid. In Donlann v. Macgurn, 203 Ariz. 380 (App. 2002), a couple was married in Puerto Vallarta, Mexico by a female officiant; at the time, there were no female officiants in Puerto Vallarta allowed to perform marriages. The Arizona Court of Appeals, nonetheless, recognized the marriage as valid because the wife, in good faith, believed the officiant was authorized.
Any issue or question I have has always been answered. I am super grateful to Jillian because I feel like I have someone by my side 100% of the time.
Throughout this entire process, everyone at the firm treated me with the courtesy and respect that you would extend a lifelong friend, and for that humble gesture I shall remain forever grateful . . .
The best at what they do! Im so impressed by the knowledge Stephen has off the top of his head. The whole crew is amazing . Would highly recommend them.
I've never met such a passionate, organized, and responsive group of attorneys. Family law matters can be emotionally and legally challenging but this group stands out as the place to go to get great help
The team that works here is professional, timely, and has your best interests at the root of every decision. They work tirelessly and have an amazing array of experience to act on your behalf..., they’d always be my choice!
Highly recommend this firm for family law disputes. The efforts that they put forth to a case are some of the best that you can get, but they also know how to really work with a client and make it feel like a team atmosphere
I know some of the lead attorneys at State 48 Law Firm, and have complete faith and trust in their knowledge and professionalism. I would trust them implicitly, with my own legal needs.
Excellent team of attorneys. Everyone has a wealth of experience and a great depth of legal knowledge. I would highly recommend this firm to anyone.
I can't recommend State 48 Law Firm enough. They have a great team of experienced attorneys, although I highly recommend Bryce Johnson! He has a wealth of family law knowledge and will fight for you.
I've known and worked with State 48 attorney Bryce Johnson for several years and know him to be a considerate and tactful attorney who fights tooth and nail for his clients. I would recommend State 48 for your family law needs!
Everyone at State 48 Law Firm is great! Jillian Hansen will take the time to educate you about the process while showing empathy for the situation.
State 48 Law includes a very experienced team of lawyers who will work tirelessly for you. I would recommend their team, and specifically Bryce Johnson, to anyone.
During one of the most difficult periods in your life, it is imperative to find a lawyer and a law firm, who can look after your interests.
I’ve worked with this Team before & can’t say enough about their professionalism & constant communication. Highly recommend State48 for anything family law.
Ankita takes her time, is very responsive, and shows that she does care. You don’t usually find that compassion in a lawyer. I can’t thank her enough for helping us through our case and I highly recommended her!
We offer in-person, video, and phone consultations.
17851 N 85th St #350, Scottsdale, AZ 85255
3133 W Frye Rd, #101, Chandler, AZ 85226