Can a New Blank Marriage Licene Be Issued if We're Already Married?
Full Question:
Answer:
The answer will depend on the circumstances involved, such as whether this is a conversion to a covenant marriage. Generally, only one marriage license can be on file and valid at one time.
Please see the following AZ statutes to determine applicability:
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.
25-125. 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.
25-123. Recording 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.