Marriage

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Having a Prison Wedding

Prison weddings are possible, but are far more restricted and take more planning time than regular ceremonies.  The prisoner and potential spouse first needs to get the approval of the prison before a ceremony can take place.  If it is approved the prison regulates who is allowed to enter the prison.  You will need to provide two witnesses and a Marriage License.  The non-incarcerated, future, spouse and two witnesses will have to have background checks conducted by the prison facility.  This process may take up to a month.  Some prison Chaplins will act as officiants, but if this is not an option, you may contact the local Justice of the Peace to see if they would officiate the marriage for a fee.

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Information for obtaining a marriage license in Maricopa County:

Maricopa Clerk of the Superior Court

Wickenburg Town Court

 

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Having a Courthouse Wedding

Courthouse weddings are often performed in Justice Court; Superior Courthouses do not perform wedding ceremonies.  Before rushing to the courthouse to get married, contact the courthouse; every courthouse has different hours and requirements in regards to performing weddings.  Some courthouses require reservations/appointments, while some operate on a first-come, first-serve basis.  Methods of payment differ as well depending on the location. 

Obtaining a Marriage License

Maricopa County: Weddings in the Justice Courts

Prison Weddings

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How does a covenant marriage differ from a traditional marriage?

The covenant marriage differs both in the steps necessary to get married and the reasons why a legal separation or divorce may be granted by the court.  In a covenant marriage, legal separation or divorce is only granted for specific reasons listed in state law.

Steps for entering into a covenant marriage:

  1. Premarital counseling - the couple must have counseling that is provided either by a member of the clergy or a marriage counselor.  The facilitator of the counseling signs an affidavit that is submitted when applying for a marriage license.
  2. Apply for a marriage license - to qualify for a marriage license both individuals must have a valid, government-issued, ID and be 18 years old or over; if under the age of 18 a legal parent or guardian has to be present to sign the application
  3. Declare intentions - a special statement agreeing to the covenant marriage clause must be signed on the marriage license application form.  The wording for the statement is:
    1. We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live.  We have chosen each other carefully and have received premarital counseling on the nature, purposes, and responsibilities of marriage.  We understand that a covenant marriage is for life.  If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.  With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.
  4. Witness of signatures - A court clerk must witness the signatures of both individuals looking to be wed.  With the license application a sworn, notarized statement from the member of the clergy or marriage counselor who provided the premarital counseling.  This statement must confirm that the individuals were advised about the nature and purpose of a covenant marriage and the limited reasons for ending the marriage by legal separation or divorce.  The statement must also show that a copy of this informational pamphlet was given to each person.

Limited Legal Reasons to Get a Divorce

For a covenant marriage, the court can only grant a dissolution of marriage for limited reasons:

  1. The respondent has committed adultery
  2. The respondent has committed a serious crime and has been sentenced to death or imprisonment
  3. For at least one year before the divorce case if filed, the respondent has been absent from the home where the married couple resided and refuses to return.
    1. Exception: If the one year term has not been met, you may still file, but the court will wait to hear the case until the one-year requirement is met.  During this time temporary orders for things like parenting time, child support, and spousal support
  4. The respondent has committed sexual, physical, emotional abuse, or an act of domestic violence against a member of the family or resident of the home
  5. The spouses have been living separate and apart without getting back together for at least two years before a divorce was filed.
    1. Exception: If the two year term has not been met, you may still file, but the court will wait to hear the case until the two-year requirement is met.  During this time temporary orders for things like parenting time, child support, and spousal support
  6. The spouses already have been granted a legal separation by the court, and they have been living separate and apart for at least one year from the date of legal separation
  7. The respondent has regularly abused drugs or alcohol
  8. The spouses both agree to a divorce

Limited Legal Reasons to Get a Separation

For a covenant marriage, the court can only grant a legal separation for limited reasons:

  1. The respondent has committed adultery
  2. The respondent has committed a serious crime and has been sentenced to death or imprisonment
  3. For at least one year before the divorce case if filed, the respondent has been absent from the home where the married couple resided and refuses to return.
    1. Exception: If the one year term has not been met, you may still file, but the court will wait to hear the case until the one-year requirement is met.  During this time temporary orders for things like parenting time, child support, and spousal support
  4. The respondent has committed sexual, physical, emotional abuse, or an act of domestic violence against a member of the family or resident of the home
  5. The spouses have been living separate and apart without getting back together for at least two years before a divorce was filed.
    1. Exception: If the two year term has not been met, you may still file, but the court will wait to hear the case until the two-year requirement is met.  During this time temporary orders for things like parenting time, child support, and spousal support
  6. Regular abuse of alcohol or ill treatment of a spouse by the respondent makes living intolerable
  7. The respondent has regularly abused drugs or alcohol

Resources:

pdf Covenant Marriage Booklet (174 KB)

pdf Covenant Marriage Booklet Spanish (402 KB)

pdf Covenant Marriage Affidavit (45 KB)

 

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What do I need to get a marriage license?

You need to provide identification and possibly proof of age.  Arizona does not require a blood test or a copy of your dissolution of marriage decree.

Do I need to get a marriage license in the county where I am getting married?

No, an Arizona marriage license can apply to a wedding ceremony that takes place anywhere inside or outside of Arizona.

How does a marriage license work?

A marriage license expires 12 months after it is issued by the state.  To make a marriage license valid it must have signatures from the individuals looking to get married, two witnesses, and the person who preformed the ceremony.  The bottom portion of the license is then mailed into the Clerk of the Superior Court by the person who performed the ceremony.

The following counties have information available online about the fees involved and how to obtain a marriage license.  If your county is not listed, contact your local courthouse.

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What is marriage?

Marriage is the union of two people in a personal relationship.

What is a covenant marriage?

A covenant marriage offers an additional option to couples who wish to marry.  In a covenant marriage, legal separation or divorce may be granted by the court only for specific reasons listed in state law.

What is the legal age to get married in Arizona?

The age of legal consent is 18.  If either person is 16 or 17, the consent of at least one legal parent or guardian is required.  For those under 16 years old, the consent of a legal adult and the approval of a Superior Court judge is required.

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