Marriage in Arkansas is a legally binding civil contract available to both same-sex and opposite-sex couples. This agreement grants specific rights and imposes certain responsibilities on both parties. Understanding the state’s legal framework is an important step for any couple planning to marry, as it governs everything from who is eligible to the process of making the union official.
Eligibility for Marriage in Arkansas
To legally marry in Arkansas, individuals must be at least 18 years old. A 17-year-old may marry with parental consent, which requires a notarized affidavit from the parents or legal guardian.1Justia Law. Arkansas Code § 9-11-102 – Minimum Age – Parental or Guardian Consent Marriage is prohibited for anyone under the age of 17.
Beyond age, both parties must have the mental capacity to understand the marital relationship and consent freely without being under duress or coercion. A person who is currently married cannot legally enter into a new marriage, as this constitutes bigamy.2Justia Law. Arkansas Code § 5-26-201 – Bigamy
Prohibited Marriages
Arkansas law forbids certain types of marriages to protect family integrity. Marriages between close blood relatives are considered incestuous and are void. This prohibition includes unions between parents and children, grandparents and grandchildren, brothers and sisters of whole or half-blood, uncles and nieces, and aunts and nephews. The state also prohibits marriage between first cousins.3Justia Law. Arkansas Code § 9-11-106 – Incestuous Marriages
Obtaining Your Arkansas Marriage License
To marry in Arkansas, couples must obtain a marriage license from any County Clerk’s office.4Justia Law. Arkansas Code § 9-11-201 – Licenses Required Both applicants must appear in person and present a valid, government-issued photo ID, such as a driver’s license or passport, to prove their age and identity. If a previous marriage ended in divorce and an ID does not reflect the current legal name, a certified copy of the divorce decree may be needed.
The application form requires specific personal information, including full legal names, current addresses, dates and places of birth, and Social Security numbers. Applicants must also provide their parents’ full names, including the mother’s maiden name, and their states of birth. Information regarding any previous marriages, including how and when they ended, is also required.
The fee for a marriage license is $60, though this amount can vary by county and payment is usually accepted in cash or by credit card. For applicants 18 or older, the license is effective immediately upon issuance. For 17-year-old applicants with parental consent, there is a mandatory five-business-day waiting period. The license is valid for 60 days and must be used within that timeframe.
The Arkansas Marriage Ceremony
Once a valid marriage license is obtained, the next step is the ceremony. Arkansas law specifies who is authorized to perform a marriage.5Justia Law. Arkansas Code § 9-11-213 – Persons Who May Solemnize Marriages Before performing a ceremony, ministers must have their credentials recorded with a County Clerk.6Justia Law. Arkansas Code § 9-11-214 – Recordation of Credentials of Clerical Character Authorized officiants include:
- The Governor
- Current and former judges and supreme court justices who meet certain service requirements
- Justices of the peace who have served at least two terms
- Mayors
- Any regularly ordained minister or priest of any religious denomination
While the marriage license form includes space for witnesses, Arkansas law does not require them for the marriage to be legally valid. After the ceremony, the officiant is responsible for completing their section of the license. The signed license must then be returned to the County Clerk’s office that issued it within 60 days of the ceremony for recording. Once recorded, the couple can obtain certified copies of their marriage certificate for a fee, typically $5 per copy.
Understanding Covenant Marriage in Arkansas
Arkansas is one of a few states that offers an alternative known as a covenant marriage. Governed by the Covenant Marriage Act, this option requires a more significant legal commitment and is defined as a lifelong relationship that can only be dissolved under limited circumstances.
To enter into a covenant marriage, couples must undergo premarital counseling and sign a declaration of intent.7Justia Law. Arkansas Code § 9-11-803 – Covenant Marriage The counseling, provided by a minister or licensed therapist, must cover the seriousness of the commitment and the restricted grounds for divorce. The signed declaration is filed with the marriage license application. This makes divorce more difficult, requiring proof of grounds such as a felony conviction, abuse, or a lengthy separation.
Arkansas Recognition of Out-of-State and Common Law Marriages
Arkansas recognizes marriages that are legally performed in other states. This principle is based on the Full Faith and Credit Clause of the U.S. Constitution, meaning a couple that marries legally elsewhere does not need to remarry in Arkansas for their union to be recognized.
The state does not permit the formation of common-law marriages within its borders, as a formal ceremony is required. A common-law marriage is one established without a license or ceremony by a couple presenting themselves to the public as married. However, Arkansas will recognize a common-law marriage that was validly established in a state that does permit them.