Also See: Arizona Divorce Laws

Statutes: In Arizona, Family Law is actually called “Marital and Domestic Relations” (Title 25 of the Arizona Legislature). Title 25, Chapter 1 is where you can find the Arizona Marriage Code and all relevant sections, which describe in detail the laws that affect marriage in Arizona: azleg.gov

• Arizona Uniform Premarital Agreement Act (Title 25, Chapter 2, Article 1): azleg.gov

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1. Indiana Marriage Laws
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3. Kansas Marriage Laws

After you have changed your name legally with the court, you’ll also want to contact the Social Security Administration (SSA) to request a name change form – for tax purposes (because the name you use on your tax return should match the name on your social security card).

Once you submit the name change form to the SSA, they will issue a new social security card with your correct, legal name. They will also notify the IRS for future tax filings.

If you haven’t already done so, you’ll also want to make sure that you change your name on any other legal documents, such as your bank accounts, credit card accounts, mortgage/property deed and driver’s license.

Related posts:

1. Common-Law Name Change
2. Change Your Name
3. Changing Your Name After Marriage

Most states allow a little flexibility in determining who can legally conduct a marriage ceremony. This allows individuals to choose an official that best matches their personal beliefs and needs. In general, a wedding is considered legal if the official is certified by the state to perform such ceremonies.

This certification is usually extended to legal officials such as judges, magistrates and justices of the peace as well as religious leaders such as ministers, rabbis and priests. Many states also allow the county clerk and/or mayor to perform a wedding ceremony as well.

To locate an authorized official, couples may start by asking their local clergy, even if the couple doesn’t belong to a specific church. Many clergy members are willing to perform wedding ceremonies for parties outside of their congregation however, the ceremony will be done in accordance with the clergy’s specific religious affiliation so try to get as close as you can to your personal beliefs.

Couples that are not religious or that follow a non-traditional belief system (pagan, spirituality, etc.) may have difficulty finding a clergy member willing to perform the ceremony, and may prefer to have a legal official officiate their wedding. In this instance, couples are advised to contact their local government for help in finding a suitable alternative. Ceremonies performed by parties not certified by the state will be considered invalid .

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1. Do States that Allow Same Sex Marriages Require Clergy to Perform the Ceremonies?
2. Marriage Procedures and Requirements
3. Same Sex Marriage

With the recent changes in some states regarding same-sex marriage, many gay and lesbian couples are hoping that these new laws also mean some new protections for their spousal rights.

The truth is, though, there is still no federal recognition for gay and lesbian spouses. Your only recognition or protection will come from the laws of your state and, because these laws differ so much, there is no answer that can be applied nationwide.

For example, while New Jersey does not have laws that specifically legalize same-sex marriage, it does offer civil unions that provide state-level spousal rights. Other states such as South Dakota, Texas andOklahoma provide no rights at all for same-sex couples and do not recognize any form of legal union among gay and lesbian couples. Still other states have not enacted laws of their own to address the issue but they do recognize same-sex marriages that were considered to be legal in the state they were performed.

This raises some serious questions for same-sex couples. Without protective laws in place, they cannot be guaranteed the normal rights and benefits enjoyed by heterosexual couples. The right to make medical decisions for their spouse, for example, or the right to inherit if the spouse should die – these are important life issues that need to be addressed and if the state has not provided laws to establish these protections, then the gay and lesbian couples must do it themselves.

The first step in making sure that you and your spouse are adequately protected is to know the laws of your state. Find out if your state recognizes same-sex marriage and, if it doesn’t, dig a little deeper to determine if it provides for alternate types of unions such as domestic partnerships and/or civil unions. Currently, only a few states allow same sex marriages – though the law in this area is constantly evolving.

Additionally, you’ll want to know what types of rights accompany these unions and what laws are in place to ensure that you receive them.

You may also want to read this book on gay and lesbian medical rights as well as this book on gay and lesbian divorce for further assistance in this area.

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2. How Do Same Sex Marriages Affect Immigration Laws?
3. Same Sex Marriage

Currently, there are only a handful of states that recognize legal marriage between same-sex couples.

In those states that do allow legal same-sex marriage, same sex couples are entitled to obtain a civil marriage, a union that subsequently entitles them to all the rights and benefits that heterosexual married couples receive from the state, including the right to medical decision-making for partners as well as dissolution procedures akin to a traditional divorce.

However, this is where the rights and benefits end. Federal law does not recognize same sex marriage and in fact, indirectly prohibits it through the Defense of Marriage Act (DOMA). The Act also relieves state governments from honoring a same sex marriage deemed legal in another state.

This means that while you may legally obtain a same sex marriage in some states, the federal government will not honor it. Same sex married couples will not have access to any of the federal benefits extended to heterosexual married couples. This includes joint tax exemptions and credits as well as any spousal claims to governmental programs such as veteran benefits and social security.

In addition, DOMA also allows other states to ignore your legally married status so if you were to move to a state that did not recognize same sex marriages, the state government is not required to honor yours even though you participated in a legal marriage ceremony.

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1. How Do Same Sex Marriages Affect Immigration Laws?
2. Same Sex Marriage
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Traditionally, marriage to a U.S. citizen enabled foreign spouses to petition for permanent legal residence in the United States. This benefit is not extended to lesbian or gay couples as immigration laws are regulated by the federal government.

Under federal law, specifically the Defense of Marriage Act (DOMA), a legal marriage is defined as a union between one man and one woman, excluding all forms of same sex marriages. This means that any rights and benefits that would normally be extended to heterosexual married couples under federal law are not afforded to couples of the same sex.

Because of this, the federal government, and thus federal immigration law, would not recognize a same sex marriage as a legal union, regardless of who performed the ceremony and where the wedding was held. As a result, the Department of Homeland Security, Citizenship and Immigration Services would not allow the foreign spouse to petition for residency on the basis of same sex marriage to a U.S. citizen.

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1. Does The Federal Government Have to Honor Legal Same Sex Marriages?
2. How do the new same-sex marriage laws affect my rights as a gay or lesbian spouse?
3. Civil Union

While most states still prohibit same sex marriage, a few states do recognize same sex marriages as legal unions.

The court rulings and legislation which allow same sex marriages in those states do not, however, require religious organizations to recognize same-sex marriages or perform the ceremonies as all religions have the right to establish their own requirements for what constitutes a religious marriage.

States that allow same sex marriages have simply established the right to marry under civil law. This marriage can be performed by a Justice of the Peace, Judge or other civil official depending on state law. That said, there are a number of churches that have opened their arms to the gay community and are performing traditional weddings in the church for same sex couples. A marriage performed by such a clergy member would be considered legal as well.

See The Complete Guide to Gay and Lesbian Weddings for more information on same sex wedding ceremonies.

Related posts:

1. Who Can Perform a Marriage Ceremony?
2. Does The Federal Government Have to Honor Legal Same Sex Marriages?
3. How Do Same Sex Marriages Affect Immigration Laws?

With most states still prohibiting traditional, legally-recognized marriages for same sex couples, you might think that a private, “unofficial” ceremony is the only option left.

But you’d be wrong.

In The Complete Guide to Gay and Lesbian Weddings, K.C. David and the experts at GayWeddings.com take you through all of the many aspects of planning a full-blown event, complete with attendants, flowers and even registering for your wedding gifts.

This unique book provides a detailed comparison of the various legal forms of same-sex marriages such as civil unions and domestic partnerships while explaining the steps you need to take to protect your rights and assets as a formal couple.

You’ll also find tips for locating gay-friendly vendors, such as florists, caterers and clergy as well as newspapers that run same-sex announcements. Learn the best ways to notify friends and family of your wedding and use the vow-writing exercises to craft your own unique service.

“No matter what anyone says, we all do have the right to believe in the dream that we can have a life partner, a marriage and even kids if we with all of that said… let’s plan a wedding!”choose to have them,” says David. “So, with all of that said… let’s plan a wedding!”

And plan you will.

The Complete Guide to Gay and Lesbian Weddings walks you through the process step-by-step from the engagement to the honeymoon. Learn about everything from legal planning issues to seating arrangements,

including:

• How to choose the perfect location from a wide selection of gay-friendly venues
• How to create your own “wedding style” to make your ceremony truly yours
• Sample menus that will please even the most finicky eaters
• A budget worksheet to make sure you’ve got money left for the honeymoon
• Tips for notifying friends and how to deal with hesitant guests

Guest lists, invitations, dress or tux? It’s all in this invaluable book. Complete with music ideas, traditional wedding customs and traditions as well as a handy wedding checklist and a nice collection of resources and recipes, The Complete Guide to Gay and Lesbian Weddings is a must for any same-sex couple wanting to make their wedding a day to remember.

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Although there are a few states that have recently begun to recognize same-sex marriages, most do not (see: Where is Gay Marriage Legal?). Of those states that don’t however, some do recognize domestic partnerships, including those partnerships formed in other states. This means that while your marriage may be considered legal in your current state, other states may or may not respect the marriage even if you participated in a traditional wedding ceremony.

Because legal rights and benefits are so questionable for same-sex couples under the current state of the law, it may make sense for you to obtain a domestic partnership even if you are legally married in a state that recognizes same sex marriages. The domestic partnership could provide protection of your rights as a couple should you decide to move to or visit a state that recognizes domestic partnerships but not same sex marriages.

In addition, because the laws surrounding same sex marriages are constantly changing, it certainly doesn’t hurt to have as much protection in place as possible.

This would be especially true in the event of a divorce/separation or death of one of the spouses as these are new and unchartered legal territories without solid rules and regulations in place.

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1. Domestic Partnership
2. How do the new same-sex marriage laws affect my rights as a gay or lesbian spouse?
3. Same Sex Couples

[Not to be confused with the method of changing your name called common-law name change, this article covers the topic of name change for couples who are considered married by common-law]

Common-law marriage (where it’s recognized) does not include a formal ceremony, so common-law spouses must look for other ways to document their marriage in order for it to be considered valid by the state. One of the easiest ways to do this is for the wife to take her husband’s last name.

While laws differ from state to state, some allow you to legally change your name simply by using that name on a day-to-day basis (called a common-law name change). However, many private and public institutions won’t recognize this type of name change since there is no official documentation of the new name. That means opening a checking account with your assumed name could be difficult – as could getting a new driver’s license under your new name.

The solution is to get a court order granting your name change to satisfy any requirements by companies insisting that you use your “legal” name. This is a relatively easy process and doesn’t require any counseling, home studies or documented proof for approval. There are even do-it-yourself forms available online, and services that will do the hard parts for you.

Court Name Change Forms & Services

We have reviewed several of the name change kits and services available online. The ones that consistently receive the best reviews from our editors and our website visitors are the ones below, from US Legal Forms.

• Do-It-Yourself Name Change Kit – $27.95 – $32.95 (buy)

This do-it-yourself name change kit simplifies the name change process by providing forms and instructions for notifying government and other agencies of your name change for Court Order Name Changes. They also contain forms for changing contracts, wills and other legal documents.The kit contains virtually everything you need to change your name:

Six Step Instruction Guide; Checklist; All forms needed to change records for Social Security, IRS, Drivers License, Vehicle Title, Voter Registration, U.S. Passport, Bank Records, Credit Cards, Medical Records, Insurance, Employment, and more.

• Professional Name Change Services – $129.00 (buy)

The professional name change service is available for those who prefer to have a professional review the name change forms on your behalf. The name change service includes all the forms from the name change kit above, plus the service helps ensure that forms are filed correctly because each form is reviewed by a US Legal representative. Each of the forms from the kit above will be checked for accuracy by specialists before paper copies are mailed out to you. If you want your name change to be handled right the first time, you will appreciate the accountability of US Legal Forms’ name change service.

Other Options

Changing your name is not a requirement, and will not void the marriage if the wife decides to keep her maiden name. Likewise, a name change alone will not formalize your marriage and couples must still meet the requirements of their State. For example, many same sex couples successfully petition the court to have their surnames (aka: last names) changed upon making a long-term commitment to one another, but this name change will not create a common law marriage because no state which allows common law marriage recognizes same sex marriage. Whether or not you change your name in a common law marriage – or in any situation – is completely up to the couple.

Related Articles:

• Changing Your Name After Marriage
• Changing Your Name After Divorce

Related posts:

1. Common-Law Name Change
2. Changing Your Name After Marriage
3. Common Law Marriage