PREFILED JAN 09 2020
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REFERENCE TITLE: common law marriage confirmation; caregivers |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2138 |
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Introduced by Representative Lawrence
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AN ACT
amending section 25‑111, Arizona Revised Statutes; amending Title 25, chapter 1, article 3, Arizona Revised Statutes, by adding section 25-122; relating to marriage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-111, Arizona Revised Statutes, is amended to read:
25-111. Requirement of license and solemnization; covenant marriages
A. A marriage shall not be contracted by agreement without a marriage ceremony except as provided in section 25‑122.
B. Except as provided in section 25‑122, 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.
Sec. 2. Title 25, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 25-122, to read:
25-122. Marriage license confirming a common law marriage; requirements; effect
A. If two persons live together in partnership at the time of the death of one of the persons, the surviving person may apply to the clerk of the superior court in any county of this state to receive a marriage license confirming a common law marriage. The surviving person shall provide evidence to the clerk of the superior court that shows all of the following:
1. The two persons are the biological or adoptive parents of one or more children together.
2. The two persons have lived together in partnership for at least two consecutive years.
3. The surviving person acted as a caregiver to the deceased person while the persons lived together in partnership.
B. If the clerk of the superior court finds that the surviving person has provided evidence as prescribed in subsection A of this section, the clerk of the superior court shall issue a marriage license confirming a common law marriage to the surviving person.
C. Notwithstanding section 25‑121, If the clerk of the superior court issues a marriage license confirming a common law marriage, the persons' marriage is considered as beginning on the date the persons began living together in partnership. The clerk of the superior court shall note this date on the marriage license confirming a common law marriage.
D. The clerk of the superior court shall maintain a record of all issued marriage licenses confirming a common law marriage.
Sec. 3. Retroactivity
This act applies retroactively to from and after August 31, 2017.