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Common Law Marriage in Arizona

Arizona does not allow common law marriage: a marriage cannot be formed by agreement without a ceremony, but marriages valid where they were formed are valid in Arizona.

Last checked . General information, not legal advice.

Arizona at a glance

New common law marriages allowed
No
Requirements
Not available; license and solemnization required
A marriage valid under the law of the place where it was contracted is valid in Arizona, unless void under A.R.S. 25-101.

Sources

Last checked

The rules in Arizona

Can a couple form a common law marriage in Arizona today?

No. New common law marriages allowed in Arizona: no.

What are the requirements for a common law marriage in Arizona?

Requirements in Arizona: Not available; license and solemnization required. A marriage valid under the law of the place where it was contracted is valid in Arizona, unless void under A.R.S. 25-101.

Where do the Arizona common law marriage laws come from?

The rules above come from Ariz. Rev. Stat. 25-111 and Ariz. Rev. Stat. 25-112. Each source is linked on this page. We last checked them in October 2026.

Good to know

Arizona treats marriages valid where contracted as valid in Arizona (A.R.S. 25-112), which can include a common law marriage validly formed in another state.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.