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Who can Solemnize Marriage in Arizona

The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Arizona (where applicable).


§ 25-124Persons Authorized To Perform Marriage Ceremony; Definition

A. The following are authorized to solemnize marriages between persons who are authorized to marry:

1. Duly licensed or ordained clergymen.

2. Judges of courts of record.

3. Municipal court judges.

4. Justices of the peace.

5. Justices of the United States supreme court.

6. Judges of courts of appeals, district courts and courts that are created by an act of Congress if the judges are entitled to hold office during good behavior.

7. Bankruptcy court and tax court judges.

8. United States magistrate judges.

9. Judges of the Arizona court of military appeals.

B. For the purposes of this section, "licensed or ordained clergymen" includes ministers, elders or other persons who by the customs, rules and regulations of a religious society or sect are authorized or permitted to solemnize marriages or to officiate at marriage ceremonies.

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List of All 14 Arizona Marriage Laws

Below you can read through our curated list of all Arizona laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.


§ 25-101Void And Prohibited Marriages.

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void. B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce. C. Marriage between persons of the same sex is void and prohibited.


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§ 25-102Consent Required For Marriage Of Minors.

A. A person who is at least sixteen years of age and who is under eighteen years of age may marry only if one of the following is true: 1. The person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state and the person's prospective spouse is not more than three years older than the person. 2. The parent or guardian who has custody of the person consents to the marriage and the person's prospective spouse is not more than three years older than the person. B. Persons who are under sixteen years of age shall not marry. C. The clerk of the superior court may not issue a license to a person who is under eighteen years of age and who does not meet the requirements of subsection A of this section.


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§ 25-103Purposes Of Title; Application Of Title.

A. It is declared that the public policy of this state and the general purposes of this title are: 1. To promote strong families; 2. To promote strong family values. B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in a child's best interest: 1. To have substantial, frequent, meaningful and continuing parenting time with both parents. 2. To have both parents participate in decision-making about the child. C. A court shall apply the provisions of this title in a manner that is consistent with this section.


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§ 25-111Requirement 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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§ 25-112Marriages Contracted In Another State; Validity And Effect

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101. B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101. C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.


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§ 25-123Recording Licenses; Endorsement Of Solemnization; Recording Return; Lost Licenses

A. The clerk of the superior court shall maintain a record of all marriage licenses issued. B. The person solemnizing the rites of matrimony shall endorse the act of solemnization on the license and shall return the license to the clerk within thirty days after the solemnization. The returned marriage license shall be recorded by the clerk. C. If a marriage license is lost before the endorsement of solemnization, the persons who wish to marry shall reapply to the clerk for a marriage license pursuant to section 25-121 and pay a fee pursuant to section 12-284. D. If the license that bears the endorsement of solemnization is lost, the clerk shall issue a replacement license that must be signed by the person who solemnized the marriage, the persons married and two of the witnesses to the marriage ceremony. The signed replacement license shall be returned to the clerk who shall record the license. If the persons married are unable to obtain all of the required signatures, either of them or their representative may apply to the superior court for an order to authorize the issuance of a duplicate endorsed marriage license. The application shall be by a sworn statement that describes the circumstances of the marriage ceremony and that contains the notarized signatures of the applicant and, if possible, both persons married, the person who solemnized the marriage and at least two witnesses to the marriage ceremony. If the application is submitted by a representative, the court shall determine if the representative is an appropriate requesting party. Pursuant to a court order, the clerk shall issue and record a duplicate endorsed marriage license. The court shall not charge a fee for the application or for issuing or recording the duplicate endorsed marriage license.


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§ 25-125Marriage Ceremony; Official; Witnesses; Marriage License; Covenant Marriages

A. A valid marriage is contracted by a male person and a female person with a proper marriage license who participate in a ceremony conducted by and in the presence of a person who is authorized to solemnize marriages and at which at least two witnesses who are at least eighteen years of age participate. B. A marriage license shall be signed by both persons married, two of the witnesses to the marriage ceremony and the person who solemnized the marriage, who shall return the signed marriage license to the clerk of the superior court for recording. C. This section does 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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§ 25-128Unlawful Acts Of Person Authorized To Solemnize Marriages; Classification

A. It is unlawful for any person who is authorized to solemnize marriages to: 1. Knowingly participate in or by his presence sanction the marriage of a person under the age of eighteen years who obtained a marriage license without consent in writing of the parent or guardian lawfully entitled to give consent. 2. Solemnize a marriage without first being presented with a marriage license as required by the laws of this state. 3. Fail to file the marriage license with the act of solemnization endorsed on the marriage license within thirty days of the ceremony. 4. Knowingly make a false return of a marriage or pretended marriage to the clerk of the superior court. B. A violation of this section is a class 2 misdemeanor.


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§ 25-129Unlawful Acts Of Person Authorized To Issue Marriage License Or Make Marriage Records; Classification

A. It is unlawful for a clerk of the superior court to knowingly issue a marriage license to a person under the age of eighteen years without the consent in writing of the parent or guardian lawfully entitled to give consent. B. It is unlawful for any person to knowingly make a false record of a marriage return. C. A violation of this section is a class 2 misdemeanor.


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§ 25-130Abstract Of Marriage In Lieu Of Reproducing Marriage License

The clerk of the superior court may produce an abstract of marriage in lieu of a reproduction of the recorded marriage license. An abstract of marriage shall include the legal name of the bride prior to the marriage, the name of the groom, the date of the marriage and the date on which the marriage license was recorded.


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§ 25-124Persons Authorized To Perform Marriage Ceremony; Definition

A. The following are authorized to solemnize marriages between persons who are authorized to marry:

1. Duly licensed or ordained clergymen.

2. Judges of courts of record.

3. Municipal court judges.

4. Justices of the peace.

5. Justices of the United States supreme court.

6. Judges of courts of appeals, district courts and courts that are created by an act of Congress if the judges are entitled to hold office during good behavior.

7. Bankruptcy court and tax court judges.

8. United States magistrate judges.

9. Judges of the Arizona court of military appeals.

B. For the purposes of this section, "licensed or ordained clergymen" includes ministers, elders or other persons who by the customs, rules and regulations of a religious society or sect are authorized or permitted to solemnize marriages or to officiate at marriage ceremonies.

TAGS
solemnization of marriage

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§ 25-126Application To Justice Of The Peace For Marriage And Covenant Marriage Licenses; Issuance; Violation; Classification

A. A justice of the peace whose office is located five miles or more from the county seat of the county in which the office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses in that county, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The applications for a marriage license shall be made on forms conforming to section 25-121, which shall be provided by the clerk of the superior court. B. If requested by the justice of the peace designated pursuant to subsection A of this section, the clerk of the superior court shall issue in blank licenses as requested and charge them against the justice of the peace. A justice of the peace who has possession of marriage license forms as provided in this section shall account for these forms as required by the clerk of the superior court. C. The justice of the peace designated pursuant to subsection A of this section shall report to the clerk the issuance of each license and shall transmit the fee prescribed by section 12-284 at the same time. Intentional failure to transmit the report and fee or the use of the authority granted by this section by the justice of the peace for personal gain is a class 2 misdemeanor.


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§ 25-127Issuance Of Marriage License By A City Or Town; Transfer Of Fees; Handling Fee

A. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the clerk of the city or town or the city or town court clerk to issue marriage licenses, including covenant marriage licenses, and to process the conversion of existing marriages to covenant marriages pursuant to section 25-902. The clerk of the superior court may take this action only at the request of the local clerk. B. The local clerk shall only use marriage license application forms and licenses provided by the clerk of the superior court. The clerk of the superior court shall provide the local clerk with these documents on request. C. The local clerk shall account for all forms and blank licenses in the local clerk's possession as required by the clerk of the superior court. D. The local clerk shall collect the fee prescribed under section 12-284 and transmit it to the clerk of the superior court. The local clerk may retain one dollar fifty cents from the fee prescribed under section 12-284.


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§ 25-121Marriage License; Application; Affidavit

A. Persons shall not be joined in marriage in this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state. This subsection does not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage pursuant to section 25-902. B. Persons who wish to marry shall apply to the clerk of the superior court for a license and shall complete and sign under oath an affidavit provided by the clerk that states each applicant's name, age and residential address. The affidavit shall include a statement by the applicants that they understand that information on sexually transmitted diseases is available from the county health department on request and that these diseases may be transmitted to their unborn children. The applicants shall provide their social security numbers to the clerk separately from the affidavit. The affidavit shall be filed by the clerk who shall then issue to the applicants a license directed to the persons authorized by law to solemnize marriage and shall collect the fee prescribed by section 12-284. The license is sufficient authority for any authorized person to solemnize the marriage. The marriage license shall state that the marriage license expires one year from the date of issuance of the license. C. Except for release to the department of economic security for the purpose of child support enforcement, the social security number provided to the clerk of the superior court pursuant to subsection B of this section for an applicant's marriage license shall not be released to any person or entity unless the applicant requests in writing that the information be released. The provisions of this subsection shall appear in each application for a marriage license.


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