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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my sons father and i live together as husband and wife since

Resolved Question:

my son's father and i live together as husband and wife since 1999 and we had a son together on 2001 . on 2007 i took a restraining order againts him because he was very abusive to me and our son. am i considered as his common law wife and vice versa. we live in phoenix az, U. S. A.
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Unfortunately at this time Arizona does not recognize a "common law" marriage. For a valid marriage tto take place, there has to be a ceremony as per the law listed below. So no, you are not considered his common law spouse because Arizona does not recognize common law marriage at this time.

25-111. Requirement of license and solemnization; covenant marriages

A. A marriage shall not be contracted by agreement without a marriage ceremony.

B. A marriage contracted within this state is not valid unless all of the following occur:

1. A license is issued as provided in this title.

2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.

3. The marriage is solemnized before the expiration of the marriage license.

C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.

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