ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q I recently learned that a long-term cohabitation relationship (of over 10 years) is now considered to be a common law marriage in Arizona. Is this true? Am I now married without the splashy engagement party, the magnificent wedding, the honeymoon?

A Relax! Common law marriages cannot be formed in the State of Arizona, regardless of how many years you live together. However, if you legally achieved quot;common lawquot; marriage status in another state that recognizes such unions before moving to Arizona, Arizona will recognize you as legally married. (The term "common law" marriage refers to a legally recognized marriage that occurs in certain states not because of a formal ceremony and issuance of a license, but based on other factors such as the number of years a couple lives together or their behavior as quot;marriedquot; during their cohabitation).

If you are in a long term non-marital relationship, and are concerned about the lack of a legally recognized union which would otherwise govern the split of property and debts upon death or break-up, consider entering into a Cohabitation or Domestic Partnership Agreement. Such an agreement is simply a contract which outlines the rights, responsibilities, and obligations of two people during or upon the termination of their relationship, including specific agreements as to ownership of property and/or debts acquired during the relationship. Such agreements may be helpful for everyone from young adults living together prior to marriage, to senior citizens who choose to live together and not marry. This agreement is private, not filed with the courts, and can be tailored to fit your specific situation. Such agreements can be entered into by heterosexual or same-sex couples.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.