Getting Married in Arizona: Legal Guide for Couples
Getting married in Arizona requires couples to obtain a marriage license from any county clerk's office, with no waiting period and licenses valid for 12 months. Both parties must appear in person with valid identification, and Arizona does not require blood tests, residency requirements, or witnesses for the marriage ceremony.
Marriage creates significant legal rights and responsibilities including property ownership, inheritance rights, and potential tax implications. Understanding Arizona's community property laws before marriage can help couples make informed decisions about prenuptial agreements and future financial planning.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Arizona Marriage License Requirements
In Arizona, both parties must appear in person at a county clerk's office to apply for a marriage license. You'll need valid government-issued photo ID and your Social Security number. There is no waiting period after receiving your license, but it expires after 12 months if unused. The license fee varies by county (typically $76-$83).
Arizona Age Requirements for Marriage
In Arizona, the legal age to marry without parental consent is 18. Individuals who are 16 or 17 may marry with parental consent. Arizona law prohibits marriage for anyone under 16 years of age.
Arizona Marriage Ceremony Requirements
Arizona recognizes marriages performed by judges, court clerks, justices of the peace, ordained ministers, priests, or other authorized clergy. The ceremony must include a declaration by both parties that they take each other as husband and wife, and must be witnessed by at least two people over 18 years of age.
Arizona Community Property Laws
Arizona is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned by both spouses, regardless of who earned the money or whose name is on the title. Understanding these laws is important for financial planning in marriage.
Arizona Covenant Marriage Option
Arizona offers couples the option of a 'covenant marriage,' which has stricter requirements for both entering and dissolving the marriage. Couples choosing this option must undergo premarital counseling and can only divorce under specific circumstances such as adultery, abuse, or abandonment.
Regional Variances
Major Cities in Arizona
As Arizona's capital and largest city, Phoenix requires marriage licenses to be obtained from the Maricopa County Superior Court Clerk's Office. The fee is $83, and both parties must appear in person with valid ID. Phoenix does not have a waiting period after receiving your license, and the license is valid for 12 months.
In Tucson, marriage licenses are issued by the Pima County Superior Court Clerk's Office. The fee is $83, and both parties must appear together with government-issued photo ID. There is no waiting period, and the license is valid for 12 months. Tucson also offers a Covenant Marriage option, which requires premarital counseling and makes divorce more difficult to obtain.
In Flagstaff, marriage licenses are issued by the Coconino County Superior Court Clerk's Office. The fee is $83. Both applicants must appear in person with valid ID. There is no waiting period, and the license is valid for 12 months. Due to its scenic location, Flagstaff has specific regulations for outdoor weddings in certain natural areas that may require special permits.
Native American Reservations in Arizona
The Navajo Nation has its own requirements for marriages performed within its jurisdiction. Couples may need to obtain a marriage license from both the state of Arizona and the Navajo Nation if they wish to be married on reservation land. Traditional Navajo wedding ceremonies have their own customs and may be recognized by the tribe even if not all state requirements are met.
Marriages on Tohono O'odham Nation lands may be subject to both tribal and state laws. Couples should check with both the tribal authorities and Pima County for specific requirements. Traditional ceremonies may have different requirements than civil ceremonies.
Border Regions
As a border city, Yuma has specific considerations for international marriages. If one party is not a U.S. citizen, additional documentation may be required. The Yuma County Superior Court Clerk's Office issues marriage licenses for $83, with both parties required to appear in person with valid ID.
In Nogales, which borders Mexico, there are special considerations for binational couples. The Santa Cruz County Superior Court Clerk's Office issues marriage licenses. If one party is not a U.S. citizen, they will need to provide proper identification such as a passport. Translation services may be available for documentation.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Arizona, both parties must appear in person at a County Clerk's office to apply for a marriage license. You'll need to bring valid government-issued photo ID (driver's license, passport, etc.) and pay the license fee (approximately $83, varies by county). Arizona does not require blood tests. The license is valid for 12 months from the date of issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Arizona, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. Arizona follows the Uniform Premarital Agreement Act.
Update or Create a Will
60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Arizona. Update your existing will or create a new one to reflect your marital status and ensure your assets are distributed according to your wishes. Without a will, Arizona intestacy laws determine how your property is distributed, which may not align with your preferences.
Create a Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Arizona, the document must be signed by you and either notarized or witnessed by at least one adult who is not the person you're appointing as your agent. Consider including specific instructions about life-sustaining treatment.
Create a Durable Power of Attorney
60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Arizona, the document must be signed, dated, and either notarized or witnessed by at least one adult. Be specific about what powers you're granting (e.g., managing bank accounts, paying bills, filing taxes).
Update Beneficiary Designation Forms
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), and investment accounts. These designations typically override will provisions, so it's important they reflect your current wishes. In Arizona, you're not required to name your spouse as beneficiary, but it's common to do so.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. In Arizona, your marriage certificate serves as proof for the name change. Visit the Social Security Administration office with your marriage certificate and current ID to begin the process.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Arizona, you typically have 30-60 days after your wedding to make these changes. Contact your employer's HR department or your insurance provider directly to understand the specific process and documentation needed.
Consider Joint Bank Accounts
60 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. Arizona is a community property state, meaning most assets acquired during marriage are considered jointly owned regardless of whose name is on the account. However, having joint accounts can simplify bill paying and financial management.
Research Arizona Community Property Laws
90 days after wedding days after startingArizona is one of nine community property states, which means most assets and debts acquired during marriage are considered jointly owned, regardless of whose name is on the title or account. Understanding these laws is important for financial planning and potential future asset division. Certain assets may remain separate property if acquired before marriage or received as gifts/inheritance.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31 determines your filing status for that entire tax year. After marriage, you can file jointly or married filing separately. For most couples in Arizona, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to determine the best approach.
Review and Update Car Insurance
60 days after wedding days after startingMany insurance companies offer multi-car discounts for married couples. In Arizona, you're not required to combine policies, but it often results in premium savings. Contact your insurance provider to discuss options and potential discounts available to married couples.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Arizona, both parties must appear in person at a County Clerk's office to apply for a marriage license. You'll need to bring valid government-issued photo ID (driver's license, passport, etc.) and pay the license fee (approximately $83, varies by county). Arizona does not require blood tests. The license is valid for 12 months from the date of issuance. | Marriage License Application | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Arizona, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. Arizona follows the Uniform Premarital Agreement Act. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Arizona. Update your existing will or create a new one to reflect your marital status and ensure your assets are distributed according to your wishes. Without a will, Arizona intestacy laws determine how your property is distributed, which may not align with your preferences. | Updated Will | 60 days after wedding |
| Create a Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Arizona, the document must be signed by you and either notarized or witnessed by at least one adult who is not the person you're appointing as your agent. Consider including specific instructions about life-sustaining treatment. | Healthcare Power of Attorney | 60 days after wedding |
| Create a Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Arizona, the document must be signed, dated, and either notarized or witnessed by at least one adult. Be specific about what powers you're granting (e.g., managing bank accounts, paying bills, filing taxes). | Durable Power of Attorney | 60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), and investment accounts. These designations typically override will provisions, so it's important they reflect your current wishes. In Arizona, you're not required to name your spouse as beneficiary, but it's common to do so. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other documents. In Arizona, your marriage certificate serves as proof for the name change. Visit the Social Security Administration office with your marriage certificate and current ID to begin the process. | Name Change Application | 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Arizona, you typically have 30-60 days after your wedding to make these changes. Contact your employer's HR department or your insurance provider directly to understand the specific process and documentation needed. | Health Insurance Coverage Change Form | 30 days after wedding |
| Consider Joint Bank Accounts | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. Arizona is a community property state, meaning most assets acquired during marriage are considered jointly owned regardless of whose name is on the account. However, having joint accounts can simplify bill paying and financial management. | Joint Bank Account Application | 60 days after wedding |
| Research Arizona Community Property Laws | Arizona is one of nine community property states, which means most assets and debts acquired during marriage are considered jointly owned, regardless of whose name is on the title or account. Understanding these laws is important for financial planning and potential future asset division. Certain assets may remain separate property if acquired before marriage or received as gifts/inheritance. | - | 90 days after wedding |
| Update Tax Filing Status | Your marital status on December 31 determines your filing status for that entire tax year. After marriage, you can file jointly or married filing separately. For most couples in Arizona, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to determine the best approach. | - | By next tax filing deadline |
| Review and Update Car Insurance | Many insurance companies offer multi-car discounts for married couples. In Arizona, you're not required to combine policies, but it often results in premium savings. Contact your insurance provider to discuss options and potential discounts available to married couples. | - | 60 days after wedding |
Frequently Asked Questions
In Arizona, you must be at least 18 years old (or have parental consent if 16-17), not be currently married to someone else, not be closely related to your intended spouse, and have the mental capacity to consent to marriage. You'll need to obtain a marriage license from a county clerk's office, which requires both parties to appear in person with valid government-issued photo ID and pay a fee (typically $76-$83 depending on the county). The license is valid for 12 months from issuance and must be signed by an authorized officiant and at least two witnesses after your ceremony.
No, Arizona does not require blood tests or medical examinations to obtain a marriage license. This requirement was eliminated years ago, making the marriage license process more straightforward.
No, there is no waiting period in Arizona. You can get married immediately after obtaining your marriage license. However, the license is valid for 12 months from the date of issuance, so you must have your ceremony within that timeframe.
In Arizona, marriages can be performed by ordained ministers, priests, or clergy of any church or religious organization, judges (active or retired), justices of the peace, and certain public officials authorized by law. Arizona also recognizes marriages performed by Native American tribal officials on reservation land. Some counties allow for online ordinations, but it's best to check with your specific county clerk's office for their requirements.
No, Arizona does not allow proxy marriages. Both parties must be physically present for the marriage ceremony. If one person cannot be present, you cannot legally marry in Arizona.
Arizona offers two types of marriages: regular and covenant. A covenant marriage is a legally distinct type that demonstrates a deeper commitment to the marriage relationship. Couples who choose covenant marriage must undergo premarital counseling and agree to seek marital counseling if problems develop. Importantly, covenant marriages have more limited grounds for divorce, making it harder to dissolve the marriage. Regular marriages don't have these additional requirements and follow standard divorce procedures if the marriage ends.
Yes, Arizona law requires at least two witnesses who are 18 years or older to be present at your wedding ceremony. These witnesses must sign your marriage license along with you and your officiant after the ceremony is performed.
Arizona is a community property state, which means that most property and debt acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title or account. Property owned before marriage or received as a gift or inheritance typically remains separate property. However, you can modify these default rules through a prenuptial agreement if you wish to establish different property arrangements.
Yes, prenuptial agreements (prenups) are legally recognized in Arizona. To be valid, a prenup must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets and liabilities. It's highly recommended that each party have their own attorney review the agreement. The prenup must be signed before the marriage takes place, and it cannot contain provisions that would be considered unconscionable or that attempt to determine child custody or child support in advance.
Name changes after marriage are optional in Arizona, not mandatory. If you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, Arizona MVD (for driver's license), passport office, and other institutions. Either spouse can take the other's last name, hyphenate names, or create a new combined surname. If you want a name change that doesn't follow these traditional patterns, you may need to go through a formal name change process with the court.