Arizona Marriage Records
Arizona's marriage rate in 2022 was 5.8 per 1,000 residents, a slight increase over the few previous years. Typically, a person should be at least 18 years or older to enter into a marriage with another individual. However, the state made some exceptions. Persons younger than 18 years must obtain the written consent of their custodial parents or legal guardians, while those under 16 years require the approval of a Superior Court judge (in addition to parental consent) to be able to get married in Arizona. There is no residency requirement to get married in the state. This means a person may legally marry in Arizona, whether or not they are from Arizona or another state.
Two persons cannot legally marry each other in Arizona without obtaining a marriage license, which is only valid in the state. There is no waiting period once they obtain a license from the Clerk of the Superior Court. After a marriage ceremony, the new couple must return their license to the Superior Court in the county where it was obtained to ensure the marriage is legally registered. Under Arizona law, marriage is prohibited between certain individuals. There are two options for getting married in the state. These are covenant marriage and non-covenant marriage. Arizona marriage records are considered public records and may be accessed by the public. They are primarily stored by the Clerks of the Superior Court in the county where the marriage license was issued.
What are Marriage Records?
Arizona marriage records are documents containing information about marriages conducted within the state, and they serve as proof of legal union between couples. Several types of marriage records are maintained in the state, but the common ones include marriage licenses and marriage certificates. Typically, these records are generated by the Superior Courts from when prospective couples apply to obtain marriage licenses to the point where they return them to the court (to register their marriages) after their marriage ceremonies.
In Arizona, marriage records are more than just proof of unions. They exist and are kept for several reasons. Marriage records may serve as a family's official record and a legal document in court, and they can help establish the relationships of individuals named on them publicly. For instance, in the event that a couple decides to have a divorce, their marriage record can make the process easier, especially when it becomes difficult to agree on the custody of children. Also, a person's marriage record, like the marriage certificate, is important and required if one of the spouses decides to change their name to a married name. Without a certified copy of a marriage record, it may be impossible to change names on official documents earned before a person's marriage.
Furthermore, Arizona marriage records are important for people wishing to identify their ancestors. They can provide vital information that will enable such individuals to confirm family relationships. Also, marriage records can be used as proof of legal union in changing the nomination or beneficiary on a life insurance policy, which can protect one of the spouses in the event of death. Other benefits of marriage records in the state include applying for Visas, filing income tax returns, opening bank accounts, and getting a driver's license in a married name.
A typical marriage record in Arizona will include information such as the following:
- Full names of both spouses
- Occupations of both spouses
- Their ages at the time of the marriage ceremony and birth dates
- The location and date of the marriage ceremony
- Religious affiliation of both spouses
- Name of the officiant who conducted the marriage ceremony
- Residential addresses of both spouses at the time of the marriage
- Names, occupations, and addresses of the parents of both spouses
Arizona marriage records are public records, per the state's Public Records Law. Typically, the Clerk of the Superior Court in the county where marriage licenses are filed is responsible for maintaining records of such marriages. However, depending on the county, marriage records filed in the state before 1950 may be available at the Arizona State Archives. Unlike some other states, marriage records are not available from the Arizona Bureau of Vital Records.
Marriages in Arizona
At 5.8 marriages per 1,000 total population in 2022, Arizona's marriage rate was lower than the national average, which stood at 6.2 per 1,000 people. However, the number of households with married couples in the state exceeds those with divorced spouses. The state's divorce rate in 2022 was 2.3 per 1,000 total population. Arizona's marriage rate has consistently declined over the past two decades. The highest the state has achieved in about 25 years was in 2001 when it had 7.6 marriages per 1,000 residents. According to some studies, most women in Arizona marry at an average age of 24.8, while the men get married at a median age of 26.3.
In Arizona, the age group with the highest percentage of married women is between 60 and 64 years, at about 60.7%. Similarly, men aged 75 to 84 years have the highest number of married males, at 73.2% of their population. Generally, the state has more married males than females (aged 15 years and older), at a 48% to 46% ratio, and there are more separated or divorced women than men (16% to 12% ratio). Arizona's marriage rates among the various racial groups in the state, beginning from the highest, are listed below:
- Asians (including Hispanics) - 58.61%
- Whites (non-Hispanics) - 51.74%
- White Hispanics - 42.41%
- Other racial groups (including Hispanics) - 36.74%
- Mixed (including Hispanics) - 33.74%
- Blacks (including Hispanics) - 30.67%
Per Section 25-101 of Arizona Revised Statutes, marriages between children and parents, including grandchildren and grandparents of every degree, are prohibited. Similarly, the state forbids marriage between brothers and sisters (half or whole blood), nieces and uncles, nephews and aunts, and first cousins. Nonetheless, state law allows first cousins to marry if one or both of them are under 65 years or if both are at least 65 years old, upon approval by any Arizona Superior Court judge with proof that one of the cousins cannot reproduce.
In Arizona, anyone under 16 cannot marry. However, an individual who is at least 16 years old but is under 18 years old may marry under one of the following terms, per Section 25-102 of the state's Revised Statutes:
- The custodial parent or legal guardian consents to the marriage, and the would-be spouse is not more than 3 years older
- The minor has an emancipation order under state law or has received one from a court in another state, and the prospective spouse is not more than 3 years older.
There are two options for getting married in Arizona. The two types of marriages in the state are covenant and non-covenant marriages.
Covenant Marriage
Arizona is one of the few states where covenant marriage is legally recognized. This type of marriage was not legal in the state until August 1998, when it was codified by statute. Per Section 25-901-906 of the Arizona Revised Statutes, individuals with the legal capacity to get married may enter into a covenant marriage by expressing their intent while applying for a marriage license. The declaration of intent must contain written statements by both parties, which must include a promise to seek marital counseling if they face marital difficulties. In addition, they must provide a notarized statement from the marriage counselor or clergy who offered them premarital counseling, and the statement must confirm that:
- The would-be couple was given a copy of the pamphlet Covenant Marriages in Arizona
- The prospective couple has been advised regarding the serious nature and objective of a covenant marriage
- both parties have been advised about the limited grounds for ending a covenant marriage by divorce or legal separation
Non-Covenant Marriage
A non-covenant marriage in Arizona is a regular type of marriage. It has fewer requirements than a covenant marriage, and there are no restrictions. For instance, it is easier to get a divorce or legal separation without cause.
Couples who marry in non-covenant marriage in Arizona may convert their union to a covenant marriage. However, it is impossible for those in a covenant marriage to convert their union into a non-covenant marriage. Anyone who wants to turn their non-covenant marriage into a covenant marriage may check with the Superior Court in their jurisdiction. Typically, they will be required to submit a declaration of intent, the date and location of their marriage ceremony, and pay certain fees.
How to Get Married in Arizona
The first step to getting married in Arizona is for a prospective couple to obtain a marriage license from any Clerk of the Superior Court office. It does not matter where they choose to marry within the state, but the license is only valid in Arizona. Most clerk offices require applicants to make an appointment if applying for a marriage license in person. Applicants may reserve their appointments online or by phone. However, office visits or appointments are waived by counties offering online marriage license programs, like Maricopa County.
Both parties must be present for in-person applications and provide necessary documentation. Required documentation includes proof of identity and evidence of premarital counseling (for those applying for a covenant marriage). Typically, two forms of identification are required; one must bear a picture. There is usually additional paperwork for prospective couples seeking a covenant marriage. Applicants are also required to provide the names of two witnesses and pay certain fees, which may vary by county. There is no need for a blood test to obtain a marriage license in Arizona. Similarly, a copy of a divorce decree is not required for a divorcee who is remarrying.
An Arizona marriage license is valid for 12 months from the issue date, and there is no waiting period once a prospective couple obtains a license. This means both parties can get married immediately after securing a license. Getting a marriage license in the state does not mean the individuals named on it are married. A marriage ceremony must take place and must be officiated by a person authorized by Arizona law. Per Section 25-124 of the state's Revised Statute, such individuals include municipal court judges, duly ordained or licensed clergymen, United States magistrate judges, justices of the peace, and judges of the Arizona Court of military appeals. The couple, officiants, and witnesses will sign the marriage license during the marriage ceremony. Afterward, the officiant has 30 days to submit the signed marriage license to the Clerk of the Superior Court in the county where it was issued.
Arizona Marriage Certificate
An Arizona marriage certificate is a type of marriage record in the state showing that two individuals are married to each other. It is only issued after a marriage ceremony has taken place and the officiant of the event has returned the marriage license to the Clerk of Court office in the county where it was obtained. In Arizona, the Superior Court Clerk in the county where marriage licenses are issued is the primary custodian of certificates issued for such marriages.
While Arizona marriage certificates are publicly available, only certain persons may obtain certified copies from the Clerk of the Superior Court in the county where the licenses were issued. These are individuals named on the certificate, immediate relatives of both parties listed on the certificate, and certain authorized persons like law enforcement officers. Some marriage certificates are available in digital formats in the state's Archives. A typical Arizona marriage certificate contains information such as the following:
- Full names of both spouses
- Date of marriage ceremony
- The county where the marriage took place
- Name of the marriage ceremony officiant
- Names of signatures of two witnesses at the marriage ceremony
How to Find and Access Arizona Marriage Records
Arizona marriage records may be accessed online and offline, as discussed below:
Accessing Arizona Marriage Records Offline
Arizona marriage records are recorded and maintained by the Clerk of the Superior Courts in the county where marriage licenses were filed. Anyone interested in obtaining copies of a particular marriage record may contact the Clerk of the Superior Court in the custody of such records. Requesters will generally be able to submit their requests in person and/or by mail, depending on the county. Certified copies may only be requested by eligible individuals. While the request process may vary by county, requesters must provide vital details to facilitate the search at the clerk's office. Such information may include the names of the spouses named on the record, the marriage license number (and sometimes the issuance date), and the marriage date.
Some marriage records may also be accessed offline at the Arizona State Archives. The Archives typically hold marriage records from 1864 to 1972 and may include records such as certificates, consents, licenses, and affidavits. The State Archives and Records Management encourages anyone intending to search its records for Arizona marriage records to request an appointment.
Accessing Arizona Marriage Records Online
Some Clerk of Superior Court maintains online resources that enable interested persons to request Arizona marriage records. Generally, for counties with such services, requesters will need to navigate to the public record request page on the clerk's office's dedicated website, complete an online form, and submit it. Certain fees may apply, depending on the county. Note that Arizona's Bureau of Vital Records does not keep records of marriage records like some states.
References
- https://www.azcourts.gov/selfservicecenter/Superior-Court-Clerks-of-the-Court
- https://www.clerkofcourt.maricopa.gov/records/marriage-licenses-passports/marriage-licenses#:~:text=A%20marriage%20license%20must%20be,the%20license%20to%20be%20recorded.
- https://www.pima.gov/1840/Marriage-License
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-22.pdf
- https://www.azleg.gov/ars/25/00901.htm
- https://www.azleg.gov/arsDetail/?title=25
- https://www.azoca.gov/wp-content/uploads/Public-Records-Law-Booklet-2023.pdf
- https://www.azdhs.gov/policy-intergovernmental-affairs/vital-records/index.php#marriage-divorce-records
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-marriage-rates-90-95-00-22.pdf
- https://azlibrary.gov/arm/accessing-arizona-public-records
- https://azsos.libguides.com/azgenealogy/marriagedivorce
- https://www.cdc.gov/nchs/fastats/marriage-divorce.htm