Arizona does not permit couples to establish common law marriages within its borders under A.R.S. § 25-111, regardless of how long they have lived together or presented themselves as married. However, Arizona courts will recognize and grant divorces for common law marriages validly formed in the seven states that still permit them: Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, and Utah, plus the District of Columbia. If you established a common law marriage in one of these jurisdictions before relocating to Arizona, you must obtain a formal divorce decree through Arizona Superior Court to legally dissolve that marriage, with filing fees of $349 in Maricopa County.
Key Facts: Common Law Marriage Divorce in Arizona
| Factor | Arizona Requirement |
|---|---|
| Common Law Marriage Creation | Not recognized under A.R.S. § 25-111 |
| Out-of-State Common Law Marriage | Recognized if validly formed elsewhere |
| Filing Fee | $349 (Maricopa County), $266-$364 statewide |
| Residency Requirement | 90 days under A.R.S. § 25-312 |
| Waiting Period | 60 days after service |
| Property Division | Community property (50/50 split) |
| Grounds for Divorce | No-fault (irretrievably broken) |
Arizona Does Not Recognize In-State Common Law Marriages
Arizona law expressly prohibits the creation of common law marriages within the state, meaning no amount of cohabitation, shared finances, or public representation as spouses creates a legally recognized marriage under Arizona statutes. Under A.R.S. § 25-111, only marriages solemnized through a formal ceremony with a valid marriage license are recognized as legal marriages formed within Arizona. This means that couples who have lived together for decades in Arizona, shared bank accounts, filed joint tax returns, and introduced each other as husband and wife have zero marital rights under Arizona law unless they obtained a marriage license and were formally married.
The practical consequences of this legal position are substantial for long-term cohabiting couples in Arizona. Without a legal marriage, there is no community property to divide, no right to spousal maintenance (alimony), no automatic inheritance rights, and no standing to file for divorce in Arizona courts. Couples who separate after long-term cohabitation must resolve property disputes through contract law or civil litigation rather than family court, which typically results in higher legal costs and less predictable outcomes compared to divorce proceedings.
Recognition of Out-of-State Common Law Marriages
Arizona follows the legal principle of comity and will recognize common law marriages that were validly formed in states that permit them, treating these marriages identically to ceremonial marriages for all legal purposes including divorce. Under A.R.S. § 25-112, marriages valid where contracted are valid in Arizona, except marriages that violate Arizona public policy. The Arizona Court of Appeals affirmed this principle in Vandever v. Industrial Commission of Arizona, holding that a common law marriage validly established in another state must be recognized in Arizona.
The seven states currently recognizing common law marriage are Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Texas, and Utah, plus the District of Columbia. If you and your partner established a common law marriage in one of these jurisdictions by meeting that state's specific legal requirements before moving to Arizona, your marriage is legally valid in Arizona. This recognition means you have full marital rights including community property protections, potential spousal maintenance eligibility, and inheritance rights—and you must obtain a formal divorce to legally end the marriage.
States That Currently Recognize Common Law Marriage
| State | Key Requirements | Notable Provisions |
|---|---|---|
| Texas | Agreement to marry, cohabitation, holding out as married | Declaration of Informal Marriage available; 2-year separation creates rebuttable presumption of no marriage |
| Colorado | Mutual intent + conduct demonstrating marriage | Totality of circumstances test; no minimum cohabitation period |
| Kansas | Capacity, present agreement, holding out | Both parties must be 18+ under K.S.A. 23-2502 |
| Iowa | Intent and agreement, public declaration, cohabitation | Continuous cohabitation required |
| Montana | Consent, cohabitation, public reputation | No registration system |
| Utah | Consent, legal capacity, cohabitation, public reputation | Court or administrative order required for recognition |
| District of Columbia | Agreement, cohabitation, holding out | No specific time requirement |
Proving a Common Law Marriage for Arizona Divorce
When filing for divorce in Arizona based on a common law marriage formed elsewhere, you bear the burden of proving that your marriage meets the legal requirements of the state where it was established, which typically requires documentary and testimonial evidence. Arizona courts apply the law of the originating state to determine marriage validity, meaning you must demonstrate compliance with that state's specific elements for common law marriage formation. The evidence standards vary by state but generally require proof of mutual agreement to be married, cohabitation as spouses, and public representation as a married couple.
Critical evidence for proving common law marriage includes joint federal and state tax returns filed as married filing jointly, property deeds listing both parties as husband and wife, lease agreements signed as spouses, joint bank accounts, beneficiary designations on life insurance and retirement accounts, affidavits from family members and friends who witnessed the couple holding themselves out as married, and any formal declaration of informal marriage filed with a county clerk (available in Texas). The Arizona court case Grant v. Superior Court In and For Pima County established that merely visiting a state that recognizes common law marriage is insufficient—you must demonstrate a genuine connection to that state that satisfies its marriage formation requirements.
Filing for Divorce in Arizona: Step-by-Step Process
The divorce process for common law marriages recognized from other states follows the same procedures as divorces from ceremonial marriages under Arizona law, beginning with meeting the 90-day residency requirement. Under A.R.S. § 25-312, either you or your spouse must have been domiciled in Arizona for at least 90 consecutive days before filing the Petition for Dissolution of Marriage. Domicile requires both physical presence in Arizona and intent to make Arizona your permanent home, which can be established through driver's license, vehicle registration, voter registration, property ownership, or lease agreements.
Step 1: Confirm residency requirements are met (90 days Arizona domicile) Step 2: Gather evidence of common law marriage validity from originating state Step 3: Complete required court forms (Petition for Dissolution, Summons, Preliminary Injunction) Step 4: File the petition with the Superior Court Clerk and pay the filing fee ($349 in Maricopa County) Step 5: Serve your spouse with divorce papers through a process server or certified mail ($50-$150) Step 6: Wait for response (20 days if served in Arizona, 30 days if served out of state) Step 7: Complete the 60-day mandatory waiting period after service Step 8: Negotiate settlement or proceed to trial on contested issues Step 9: Attend final hearing and obtain signed divorce decree
Filing Fees and Court Costs Across Arizona Counties
Arizona divorce filing fees range from $266 to $364 depending on the county and whether minor children are involved, with Maricopa County (Phoenix) charging $349 for the initial petition as of March 2026. The responding spouse pays $279 to file a response, bringing the combined base court fees to $628 before any additional costs. These fees are established under A.R.S. § 12-284, Arizona Code of Judicial Administration § 3-404, and Supreme Court Administrative Order 2024-210.
| County | Petitioner Filing Fee | Response Fee | Notes |
|---|---|---|---|
| Maricopa (Phoenix) | $349 | $279 | Largest county; most divorces filed here |
| Pima (Tucson) | $266 (no children) / $311 (with children) | Varies | Child-related cases have higher fees |
| Other Counties | $266-$364 | Varies | Check local clerk for current amounts |
Additional costs include: process server fees ($50-$150), certified copies of the decree ($26 each), Parent Information Program class ($45 for cases with minor children under A.R.S. § 25-352), and mediation fees if ordered by the court. Fee waiver applications are available for households at or below 125% of federal poverty guidelines through the Application for Deferral or Waiver of Court Fees and Costs.
Property Division in Common Law Marriage Divorces
Arizona is one of nine community property states, meaning all property acquired during a valid marriage (including a recognized common law marriage) is presumed to be owned equally by both spouses and subject to 50/50 division upon divorce. Under A.R.S. § 25-211, property acquired by either spouse during the marriage through earnings, investments, or purchases is community property regardless of whose name appears on the title. This equal division rule applies to real estate, vehicles, bank accounts, retirement accounts, investment portfolios, business interests, and personal property accumulated during the marriage.
Separate property remains with the spouse who owns it and includes assets acquired before the marriage, gifts received by one spouse individually, and inheritances. Under A.R.S. § 25-213, the spouse claiming property is separate must prove its separate character—the court presumes all property acquired during marriage is community property. Commingling separate property with marital assets (such as depositing an inheritance into a joint account) can transform separate property into community property subject to division.
| Property Type | Classification | Division Treatment |
|---|---|---|
| Earnings during marriage | Community property | Divided 50/50 |
| Real estate purchased during marriage | Community property | Divided 50/50 |
| Retirement contributions during marriage | Community property | Divided 50/50 |
| Premarital assets | Separate property | Stays with owner |
| Inheritances | Separate property | Stays with recipient |
| Gifts to one spouse | Separate property | Stays with recipient |
| Appreciation on separate property (from labor/community funds) | Community property | Divided 50/50 |
Spousal Maintenance (Alimony) Eligibility
Spouses in common law marriages recognized by Arizona have the same eligibility for spousal maintenance (alimony) as spouses from ceremonial marriages, with awards determined under A.R.S. § 25-319 based on financial need and ability to pay. To qualify for maintenance, a spouse must demonstrate one of four conditions: lacking sufficient property to meet reasonable needs, lacking adequate earning ability to achieve self-sufficiency, being the custodial parent of a young child requiring home care, or having contributed significantly to the other spouse's education or career at the expense of their own.
The Arizona Spousal Maintenance Calculator, introduced by the Arizona Supreme Court in 2023 and revised September 1, 2025, provides guideline calculations for maintenance duration and amount. The base duration formula awards maintenance for 30% to 50% of the marriage length in months—a 10-year marriage (120 months) produces a guideline range of 36 to 60 months (3 to 5 years) of maintenance. Courts consider 13 statutory factors including the standard of living during marriage, duration of marriage, age and health of each spouse, earning abilities, and financial contributions each spouse made to the other's career advancement.
Child Custody and Support in Common Law Marriage Divorces
Child custody (called legal decision-making in Arizona) and parenting time determinations in common law marriage divorces follow identical procedures to ceremonial marriage divorces under A.R.S. § 25-403. The court makes custody decisions based solely on the best interests of the child, considering factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and each parent's willingness to promote the child's relationship with the other parent. Arizona courts do not favor mothers over fathers—the law requires gender-neutral application of custody standards.
Child support obligations are calculated using the Arizona Child Support Guidelines under A.R.S. § 25-320, which consider both parents' gross incomes, parenting time percentages, health insurance costs, childcare expenses, and the number of children. Parents with minor children must complete a Parent Information Program class ($45) as required by A.R.S. § 25-352. Note that if you have not met the 6-month child residency requirement under the Uniform Child Custody Jurisdiction and Enforcement Act (A.R.S. § 25-1002), the Arizona court may lack jurisdiction to make custody determinations even if it has jurisdiction over the divorce itself.
Alternatives for Unmarried Cohabiting Couples in Arizona
Couples who lived together in Arizona without establishing a valid common law marriage elsewhere have no access to divorce court for relationship dissolution, but they can protect their property rights and relationship interests through legally enforceable cohabitation agreements. Under Arizona contract law and A.R.S. § 25-213, cohabitation agreements allow unmarried partners to specify property rights, financial responsibilities, and separation terms that courts will enforce like any other valid contract. These agreements can designate certain property as jointly owned despite the absence of marriage, establish support obligations upon separation, and create enforceable promises that would otherwise not exist under Arizona law.
Key elements to include in an Arizona cohabitation agreement:
- Property classification (separate vs. shared) for assets acquired during cohabitation
- Responsibility for debts and financial obligations
- Contribution requirements for shared expenses
- Division procedures if the relationship ends
- Dispute resolution mechanisms (mediation, arbitration)
- Healthcare decision-making authority
- End-of-life and estate planning provisions
Without a cohabitation agreement, unmarried partners separating in Arizona have no statutory framework for property division. Each partner retains sole ownership of property titled in their name, regardless of the other partner's financial contributions to acquiring or maintaining that property. This can result in severely inequitable outcomes for partners who contributed to the household while not appearing on property titles.
Covenant Marriage: A Different Standard
Arizona is one of only three states (along with Arkansas and Louisiana) that offers covenant marriage as an alternative to standard marriage, and couples with common law marriages cannot convert to covenant marriage status without first obtaining a standard marriage license. Under A.R.S. § 25-901, covenant marriage requires premarital counseling, signing a declaration of intent, and accepting that divorce will only be granted upon proof of specific fault-based grounds rather than the standard no-fault irretrievably broken standard.
Dissolution of a covenant marriage under A.R.S. § 25-903 requires proving one of seven grounds: adultery, felony conviction with imprisonment, abandonment for at least one year, physical or sexual abuse (including domestic violence under A.R.S. § 13-3601), living separately for at least two years, habitual substance abuse, or mutual agreement to divorce. The two-year separation requirement for covenant marriage is substantially longer than the 60-day waiting period for standard marriages. If you have a common law marriage from another state and wish to convert to covenant marriage status in Arizona, you would need to obtain a standard Arizona marriage license and then convert that marriage to a covenant marriage—a complex process requiring legal counsel.
Frequently Asked Questions
Can I establish a common law marriage by living together in Arizona?
No. Arizona does not recognize common law marriages formed within its borders under A.R.S. § 25-111. No matter how long you live together (even 30+ years), share finances, or present yourselves as married, you will not create a legal marriage without obtaining a marriage license and having a formal ceremony in Arizona.
Will Arizona recognize my common law marriage from Texas or Colorado?
Yes. Arizona recognizes valid common law marriages from the seven states that permit them (Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, Utah) plus the District of Columbia under A.R.S. § 25-112. You must prove your marriage met that state's requirements at the time of formation.
How much does it cost to divorce a common law marriage in Arizona?
The filing fee is $349 in Maricopa County (Phoenix) and ranges from $266 to $364 in other Arizona counties as of March 2026. Additional costs include the response fee ($279), process server ($50-$150), certified copies ($26 each), and the Parent Information Program ($45 if children are involved).
What proof do I need to show my common law marriage is valid?
You must provide evidence meeting the originating state's requirements. Strongest evidence includes: joint tax returns filed as married, property deeds listing both as spouses, Texas Declaration of Informal Marriage (if applicable), beneficiary designations, affidavits from witnesses, and consistent public representation as married.
How is property divided in a common law marriage divorce in Arizona?
Arizona is a community property state. Under A.R.S. § 25-211, all property acquired during the marriage is presumed community property and divided equally (50/50). Separate property (premarital assets, gifts, inheritances) stays with the owning spouse under A.R.S. § 25-213.
Can I get alimony from a common law marriage divorce in Arizona?
Yes. Spouses in recognized common law marriages have identical spousal maintenance rights as ceremonial marriage spouses under A.R.S. § 25-319. The Arizona Spousal Maintenance Guidelines calculate duration at 30-50% of marriage length—a 10-year marriage yields 36-60 months of potential maintenance.
What happens if my spouse disputes we had a common law marriage?
The burden of proof is on the party claiming the marriage exists. You must present evidence to the Arizona court proving you met the originating state's common law marriage requirements. In Texas, if two years pass after separation without filing for divorce, the law presumes no marriage existed—you must overcome this with clear and convincing evidence.
How long do I need to live in Arizona before filing for divorce?
You or your spouse must be domiciled in Arizona for at least 90 days before filing under A.R.S. § 25-312. Military members stationed in Arizona for 90 continuous days also satisfy this requirement. After filing, there is an additional 60-day waiting period before the divorce can be finalized.
What are my property rights if I lived with someone in Arizona without a common law marriage?
Without a valid marriage, you have no automatic property rights regardless of relationship length. Property is owned by whoever holds title. Your only protection is a written cohabitation agreement under Arizona contract law (A.R.S. § 25-213) specifying property rights and division terms.
Can I convert my common law marriage to a covenant marriage in Arizona?
Not directly. You would need to first obtain a standard Arizona marriage license (creating a ceremonial marriage), then convert that marriage to a covenant marriage by completing counseling and filing the required declaration. This is a complex process with significant legal implications for future divorce rights.
This guide was prepared by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) based on Arizona statutes, case law, and court rules current as of May 2026. Filing fees verified with Maricopa County Clerk of Superior Court. Laws and fees change—verify current requirements with your local court clerk or consult with an Arizona family law attorney for advice specific to your situation.