Best Marriage Lawyers in Tempe

About Marriage Law in Tempe, United States

Marriage law in Tempe, Arizona, is governed by both state statutes and local regulations. Tempe follows the legal requirements set by Arizona law for marriage licenses, ceremonies, and the rights and obligations of spouses. Entering into marriage is a significant legal step that affects property, parental rights, taxes, and other important life areas. Individuals should be aware that marriage is not just a personal commitment but also a legally recognized contract with specific duties and protections.

Why You May Need a Lawyer

While many couples can navigate marriage laws without legal help, there are situations where consulting a lawyer is highly recommended. Some common scenarios include:

• Drafting or reviewing prenuptial or postnuptial agreements to protect assets and clarify financial responsibilities
• Concerns about eligibility to marry due to previous marriages, age, or citizenship status
• Addressing complex financial or property issues before or after marriage
• Navigating the legal aspects of same-sex marriage or domestic partnerships
• Undertaking a name change process related to marriage
• Unequal financial contributions or concerns about debt liabilities
• Addressing potential annulments or situations where the validity of the marriage could be questioned

A lawyer can explain your rights and obligations, help you avoid legal pitfalls, and ensure all documentation is properly completed. Legal advice is especially important if there are children from previous relationships or significant assets involved.

Local Laws Overview

Tying the knot in Tempe means understanding Arizona's marriage laws and Maricopa County-specific requirements. The main legal aspects include:

• Both parties must be at least 18 years old, or 16-17 with parental consent and a judge's approval
• You do not need to be a resident of Arizona to marry in Tempe
• There is no waiting period after obtaining the marriage license
• Marriage licenses are issued by the Clerk of the Superior Court in Maricopa County
• Both parties must appear in person to apply for the license and present valid government-issued identification
• Arizona law does not require a blood test
• Same-sex marriage is fully recognized and legal
• Cousins may marry only if both parties are 65 or older, or if one party is infertile
• Common law marriage is not recognized in Arizona
• Marriage ceremonies must be performed by an authorized officiant, such as clergy, judges, or certain public officials
• The signed marriage license must be returned to the court to be officially recorded

These are the main legal parameters. Failing to comply can result in an invalid marriage or difficulties in accessing legal rights.

Frequently Asked Questions

What documents do I need to obtain a marriage license in Tempe?

You need a valid, government-issued photo ID for both parties, such as a driver’s license, passport, or military ID. If previously married, some situations may require proof of divorce or death certificate for the previous spouse.

Where do I apply for a marriage license in Tempe?

Marriage licenses are issued by the Clerk of the Superior Court of Maricopa County. There are several office locations throughout the county, including those convenient to Tempe residents.

Do I need to be an Arizona resident to get married in Tempe?

No. Arizona does not have a residency requirement for marriage.

How much does a marriage license cost?

As of 2024, the fee for a marriage license in Maricopa County is typically $83, though you should check current rates with the court as fees can change.

Is there a waiting period to get married after obtaining the license?

No. The license is valid immediately upon issuance and remains valid for up to 12 months.

Can first cousins get married in Tempe?

Yes, but only if both are at least 65 years old or if at least one is proven to be infertile.

Are same-sex marriages recognized in Tempe?

Yes. Same-sex marriage is legal and fully recognized in Arizona, including Tempe.

Does Arizona recognize common law marriage?

No. Arizona does not recognize common law marriages established after 1913.

Can I change my name after marriage in Tempe?

Yes. After marriage, you may change your name using a certified copy of your marriage certificate. This can be used to update your records with government agencies and financial institutions.

Who can officiate a wedding in Tempe?

Officiants include clergy members, judges, justices of the peace, and some other authorized public officials. The officiant must sign the license and return it to the court for recording.

Additional Resources

Those seeking more information or assistance with marriage law in Tempe can refer to the following:

• Maricopa County Clerk of the Superior Court - Marriage License Division
• Arizona Department of Health Services - Division of Vital Records
• Arizona Legal Center at Arizona State University (offering free legal clinics and advice)
• State Bar of Arizona - Find-a-Lawyer referral service
• City of Tempe Community Services (for family services and referrals)

Engaging with these resources can help clarify procedures and connect you with professional legal guidance.

Next Steps

If you are planning to marry in Tempe and want to ensure full legal compliance or protect your interests, taking the following steps is recommended:

• Review your situation and determine if you have any special circumstances such as previous marriages or significant assets
• Contact the Maricopa County Clerk for up-to-date marriage license instructions and requirements
• Consult with a qualified family law attorney if you need help with prenuptial agreements, property, or eligibility concerns
• Visit a local legal aid organization or the Arizona Legal Center for general legal advice
• Gather all necessary documentation and ensure both parties understand the process

Taking these steps will help you navigate marriage law in Tempe confidently and ensure your legal rights and obligations are clear from the start.