By Arlene Rheinfelder, Prescott Tax & ParalegalCertified Legal Document Preparer and Enrolled Agent
June, a month often chosen for weddings, is just around the corner. For those who choose to skip the formal ceremony, did you know that Arizona does not recognize “common law” marriage? In some states, if a couple has been living together and presenting themselves as a married couple, they are treated as if they were married. In Arizona this is not true.
To be legally married in Arizona, a couple must 1) purchase a marriage license, 2) an authorized person must perform the wedding ceremony, and 3) the signed marriage license must be returned to the court clerk for recording. If a couple does not complete each step, then they are not legally married under Arizona law. One exception to these requirements are Native American couples who marry according to tribal custom. Still, establishing the validity of such marriages may require court intervention.
When an unmarried couple with children separates, fathers are often surprised to learn that if there is a dispute over parenting time, or decision making, the father must first establish paternity through the court. Even though the father may be on the birth certificate, paternity and parenting rights usually must be established by the court.
Now, suppose the unmarried couple separates. To establish which parent will make decisions about the children, and how the children will spend time with each parent, the parents will need to establish paternity though the court and file a parenting plan. If the parents agree, then matters proceed simply. If the parents disagree, the court will usually send the parents to mediation to determine how decisions will be made and establish a plan to share the children. The court mediators work with the parents to create a plan that will be best for the children. This agreed upon plan is signed by the parents, and sent to the judge for approval.
Have a question? Prescott Tax & Paralegal is ready to help. Call us at 928-778-3313 or visit at http://www.PrescottTax.com.
Prescott Tax & Paralegal, the office of Arlene Rheinfelder, EA AZCLDP is at 141 South McCormick, Suite 206, Prescott, AZ (928) 778-3113.
This article is for informational purposes and not intended as legal advice. If you need legal advice, you should contact an attorney.
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