What paperwork is needed to validate a marriage from the 1930's?
Full Question:
I am looking for a form to validate a marriage that was performed back in the 1930's. The wedding was a Traditional Native American ceremony. So to this day there hasn't been actual proof of marriage. I need a form to confirm the marriage with witnesses who are still alive today. If you can't find an exact form ... point me the right direction to get the proper forms.
11/23/2007 |
Category: Marriage |
State: Arizona |
#12738
Answer:
The following are Arizona statutes:
25-111. Requirement 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.
25-121. Marriage 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.
25-124. Persons 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.
25-125. Marriage 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.
25-126. Application 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.