The Problem With Unmarried Parental Separations in Arizona

by Samantha Mary Jones a blogger that has a passion for writing

Fewer people are getting married today than ever before due to cultural shifts, increased access to reproductive healthcare, experiences with divorced parents, putting college education and career first, being burdened by debt, and many other reasons.

And although being in a relationship without getting married does have its benefits, in the state of Arizona, it can be a source of distress—especially when the couple decides to call it quits.

What many unmarried couples don’t realize is that they end up collecting a lot of property over the years, and don’t think about the legal ramifications of splitting up. What will happen to the shared property if they decide to end the relationship? What happens when a child is involved?

Today, two out of five babies in the US are born to unwed parents. In Arizona, many couples choose to have kids out of wedlock; but unlike other parts of the country, kids of unmarried couples are treated very differently to those who are born to married parents.

In other parts of the country, laws have been modified to accommodate changes in the prevailing culture, but Arizona’s laws have remained fairly constant. Compared to other states, Arizona is still fairly conservative, so it isn’t surprising that its laws favor married couples over unmarried ones.

Let’s take a closer look at Arizona’s problem with unmarried parents:

The Pressure to Get Married in Arizona

Arizona gives couples two options; either tie the knot officially and get married or be treated like two unrelated individuals.

Arizona’s laws are problematic for couples for several reasons. They pressure them to get married even when they may not be ready; when the relationship doesn’t work out, couples are forced to deal with the turmoil that comes with divorce.

Couples have to put up with financial losses, legal costs, and the emotional stress of divorcing a spouse they weren’t ready to marry in the first place.

Moreover, when the couple chooses to live together out of wedlock, they don’t have the legal right to acquire assets if the spouse dies or they decide to split up. The situation gets even more complicated if the couple has a child.

Cohabitating Couples

There’s a misconception that living with a romantic partner is kind of like a test-run for marriage, but studies show that even when couples live together before they get married, the rate of divorce is still around the same as married couples.

People who choose to stay together after an engagement have lower divorce rates than those who get married without living together. The commitment to getting engaged and then moving in appears to have an impact on their willingness to stay together.

Unmarried Parents in Arizona

If you have a child out of wedlock and you want legal rights over them, you’re going to have to register yourself as a legal guardian. You can put your name down as a parent on your child’s birth certificate by visiting the Bureau of Vital Statistics.

Because Arizona’s parental laws favor mothers when unmarried couples are separating, it’s in the father’s best interest to sign an affidavit as an acknowledgment of their paternity.

An official document that acknowledges paternity is incredibly useful if a couple decides to separate and the father wants legal rights over their child. The signed and notarized statement will have to be legally filed with the birth certificate.

Can Unmarried Couples Receive the Protections That Married Couples Have?

Unmarried parents can get a few of the protections of married couples by signing a power of attorney for healthcare, a domestic partnership agreement, power of attorney for financial management and a will.

This gives unmarried partners the right to your assets in case of death. Your partner will also be permitted to make healthcare and financial decisions.

The Problems Unmarried Couples Face During Separation

In Arizona and many other states, unmarried couples are treated as strangers, so a breakup can result in a loss of assets, finances, valuable property, and child custody.

Family lawyers and Child Custody Attorney who specialize in child custody can help people overcome the legal challenges after separation.

Without the help of a family law attorney, the house automatically goes to whoever’s name is on the title deed and the mother is granted child custody.

If you’re someone who wants to challenge the legal system in Arizona, hire a family law attorney who can help out during the legal separation.