In Arizona, marrying a cousin is subject to specific legal conditions. While generally prohibited, there are exceptions that allow first cousins to marry under certain circumstances.
General Prohibition
Arizona law prohibits marriages between close relatives, including parents and children, grandparents and grandchildren, brothers and sisters, uncles and nieces, aunts and nephews, and first cousins. This prohibition is outlined in Arizona Revised Statutes 25-101, which declares such marriages void and prohibited.
Exceptions for First Cousins
Despite the general prohibition, Arizona allows first cousins to marry under two specific conditions:
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Age Requirement: Both first cousins must be at least 65 years old. If both parties meet this age requirement, they can legally marry without additional conditions.
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Infertility Condition: If one or both of the first cousins are under 65 years old, they can still marry if they obtain court approval. This approval requires proof that one of the cousins is sterile and incapable of reproducing. The court must be satisfied with this evidence before granting permission for the marriage.
Legal Implications
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Void Marriages: Marriages that do not meet these exceptions are considered void. This means they are not legally recognized in Arizona and do not confer any legal rights or obligations on the parties involved.
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Out-of-State Marriages: While some states allow first-cousin marriages without restrictions, Arizona may not recognize such marriages if they do not comply with Arizona’s laws. Residents of Arizona who marry their first cousins in another state may find that their marriage is not legally valid in Arizona.
In summary, marrying a first cousin in Arizona is generally prohibited but allowed under specific conditions. These conditions include both parties being at least 65 years old or obtaining court approval if one party is infertile. Understanding these legal nuances is crucial for anyone considering such a marriage in Arizona.
Additional Considerations for Marriage in Arizona
General Marriage Requirements:
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Age: The legal age for marriage in Arizona is 18 years. Minors between 16 and 17 years old need parental consent, while those under 16 require both parental consent and court approval.
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License: Couples must obtain a marriage license from the county clerk’s office. The license is valid for one year, and the marriage must be registered within 30 days after the ceremony.
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Officiants: Marriages can be officiated by ordained clergy, judges, or justices of the peace. The ceremony requires at least two adult witnesses.
Covenant Marriage Option:
Arizona offers a covenant marriage option, which requires premarital counseling from a licensed counselor or member of the clergy. This type of marriage involves a more rigorous process for divorce, emphasizing commitment and counseling.
Overall, while marrying a cousin in Arizona is subject to specific conditions, the state’s marriage laws provide a framework for various types of marriages, including covenant marriages, ensuring that all legal requirements are met for a valid union.
Sources:
- https://www.arizonalawgroup.com/arizona-divorce/about-marriage-in-arizona/
- https://www.draslamabdullah.com/post/first-cousin-marriage-laws-in-the-u-s
- https://theamm.org/marriage-laws/arizona/288
- https://divorcemediationtucson.com/family-law/marriage-law-basics-legal-requirements-and-implications/
