Getting married in Arkansas requires following specific state laws. Couples must meet these legal requirements for their marriage to be officially recognized, as failure to do so can lead to complications. This guide outlines the necessary steps and regulations for marrying in Arkansas.
Minimum Age Requirements
Arkansas law sets the general age for marriage at eighteen. Individuals of this age can marry without parental permission. For seventeen-year-olds, marriage is permissible but requires parental or legal guardian consent, as stipulated by Arkansas Code 9-11-102.1Justia Law. Arkansas Code § 9-11-102 (2024) – Minimum Age and Parental Consent for Marriage Marriage is not permitted for anyone under the age of seventeen, with or without parental consent.
License Application Steps
To get a marriage license in Arkansas, both individuals must apply together in person at any County Clerk’s office. State residency is not required. Applicants must present valid photo identification (like a driver’s license, state ID, passport, or military ID) and provide their Social Security numbers, or sign an affidavit if they don’t have one.2Pulaski County Circuit Clerk. Pulaski County Marriage License Information Sheet
The application requires personal details such as full legal names, current addresses, dates and places of birth, and parents’ names and birthplaces. A $60.00 fee (as of early 2024) is due when applying; confirm the current fee and payment methods with the County Clerk’s office.3Garland County, AR. Marriage License Information – Garland County After completing the application and paying the fee, the clerk issues the license.
Waiting Period and License Expiration
If both applicants are eighteen or older, there is no waiting period in Arkansas; the marriage ceremony can happen immediately after the license is issued. If either applicant is seventeen and marrying with parental consent, a five-business-day waiting period applies. The ceremony cannot occur until these five days have passed.
An Arkansas marriage license is valid for sixty days from its issuance date.4Pope County Arkansas. Marriage License Information – Pope County Arkansas The marriage ceremony must take place within this period. If not, the license expires, requiring the couple to reapply and pay the fee again. Unused licenses should be returned to the issuing County Clerk’s office.
Prohibited Marriage Scenarios
Arkansas law prohibits certain marriages. These include marriages between close relatives (consanguinity) and marriages where one person is already married (bigamy). Such marriages are void.
Arkansas Code 9-11-106 forbids marriage between an individual and their:
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- Parent
- Children
- Sibling (whole or half-blood)
- Aunt
- Uncle
- Niece
- Nephew
This includes adoptive relationships.
The state also forbids bigamous marriages. Arkansas law requires any former marriage to be legally dissolved (by divorce or death) before a new marriage. A marriage entered into while a previous, undissolved marriage exists is void.
Recognition of Out-of-State Marriages
Arkansas recognizes marriages legally performed in other states or countries, provided they were valid where performed and the parties resided there at the time, as stated in Arkansas Code 9-11-107.5FindLaw. Arkansas Code Title 9. Family Law § 9-11-107 – Validity of Foreign Marriages
However, Arkansas might not recognize an out-of-state marriage if its own residents married elsewhere to avoid Arkansas law, or if the marriage strongly conflicts with Arkansas public policy. States have the authority to regulate marriage, and Arkansas balances recognizing out-of-state unions with its own laws.
Ceremony Formalities
After getting a license, the marriage ceremony must meet legal requirements, including having an authorized officiant. Arkansas Code 9-11-213 lists eligible officiants:6Justia Law. Arkansas Code § 9-11-213 (2024) – Persons Who May Solemnize Marriages
- The Governor
- Current and certain former judges of courts of record
- Current and certain former justices of the peace
- Regularly ordained ministers or priests of any religious sect or denomination
- Mayors of any city or town
- Officials appointed by the county quorum court
Ministers or priests must record their credentials with a County Clerk before performing a ceremony.7FindLaw. Arkansas Code Title 9. Family Law § 9-11-214 – Recordation of Credentials of Clerical Character All officiants must be at least eighteen.
The ceremony must include a verbal confirmation of consent from both parties (the “I do’s”) and an official pronouncement of marriage by the officiant. Both individuals and the officiant must be physically present; proxy marriages are not allowed. Arkansas law does not require witnesses.
After the ceremony, the officiant completes the marriage license. The couple must return the completed license to the issuing County Clerk’s office within sixty days of the license’s issuance date. Failing to return it on time can lead to a penalty (often a $100 bond) and may complicate getting official proof of marriage.8Justia Law. Arkansas Code § 9-11-217 (2020) – Penalty for Failure to Sign and Return Marriage License Once returned and recorded, the marriage is officially registered.