Thinking about getting married in Arkansas? You’re gonna want to read this first. The rules are simpler than you might expect, but a few of them surprise people.
This guide breaks it all down in plain English. You’ll learn who can marry, what you need, what it costs, and what to avoid. Let’s dig in.
What Are Arkansas Marriage Laws?
Marriage laws are the rules a state sets for getting legally married. They cover age, paperwork, fees, and who is allowed to marry whom.
Arkansas keeps most of its rules in one place. They live in the state code under Title 9, Chapter 11. Don’t worry, you don’t need to read the whole thing.
These laws exist to protect people. They make sure both people agree, are old enough, and are free to marry. Makes sense, right?
Who Can Get Married in Arkansas?
Here’s the short version. You must be at least 18 to marry on your own. Both people need to be that age.
At 18, no one else has to sign off. You just show up and apply. Pretty straightforward.
But what about teens? Arkansas changed this rule in recent years. The law is stricter now than it used to be.
A 17-year-old can still marry, but only with extra steps. They need a parent or guardian to agree in writing. We’ll cover that part in a minute.
Here’s the big change. Arkansas used to let younger teens marry, including a pregnancy exception for some. That option was removed. Now the law draws a hard line at 17.
So anyone under 17 cannot get married in Arkansas. No exceptions. Okay, that one’s important.
The Rules for 17-Year-Olds
Not sure how the teen rule works? Let me break it down. A 17-year-old needs both parents to agree to the marriage.
That agreement can’t just be a quick “yes.” Parents must sign a notarized affidavit. That’s a sworn statement signed in front of a notary public.
There are a few exceptions to the “both parents” rule. If parents are divorced and one has full custody, only that parent signs. The same goes if one parent left or is gone.
There’s also a wait involved. A 17-year-old must wait five business days before the license is issued. Adults skip this wait completely.
What You Need to Get a Marriage License
Now, let’s talk about the actual paperwork. You can’t just say vows and be married. You need a license first.
Both people must show up in person. You go together to a county clerk’s office. No mailing it in.
Bring a valid photo ID. A driver’s license, passport, or military ID all work. The ID needs to show your correct name and birth date.
You’ll also need your Social Security number. You don’t need the physical card. You just need to know the number.
Here’s a nice perk. You can get your license in any Arkansas county. It doesn’t have to be where you live.
And you can marry anywhere in the state with it. Got your license in one county? You can hold the ceremony in another. So flexible.
How Much Does It Cost?
The marriage license fee in Arkansas is $60. That’s the standard price across the state.
Payment rules can change by county. Some take only cash. Others accept cards too. Call ahead so you’re not caught off guard.
Want a certified copy later? That usually runs about $6 to $7 per copy. You’ll need one to change your name on official records.
Do You Need a Blood Test or a Waiting Period?
Good news here. Arkansas does not require a blood test. No medical exam either.
A long time ago, many states asked for blood tests. Those days are gone in Arkansas. One less thing to worry about.
What about waiting? For adults, there is no waiting period. The clerk can hand you the license the same day you apply. Yep, that’s all you need.
The only wait is for 17-year-olds. They face that five business day delay we mentioned earlier.
> Quick tip: Your Arkansas marriage license is valid for 60 days. Use it within that window or it expires.
What Happens After You Get the License?
Here’s a step people forget. The license must be returned to the clerk’s office. This is true whether you used it or not.
You have 60 days to bring it back. The office records it as an official record. Don’t skip this part.
Who returns it? Often the officiant handles the recording section. But the responsibility is on you and your partner. So double-check it gets done.
Who Can Perform the Ceremony?
Your officiant matters more than you’d think. Not just anyone can legally marry you in Arkansas.
The person must have their credentials on file. They record those credentials with an Arkansas county clerk’s office. This has to happen before the ceremony.
This covers ministers, judges, and other approved officials. If their paperwork isn’t recorded, the marriage may not be valid. Honestly, this is the part most people miss.
One more thing. Arkansas does not require witnesses. You don’t need anyone standing by to sign. The couple and a qualified officiant are enough.
Marriages That Are Not Allowed
Okay, pause. Read this carefully. Some marriages are banned in Arkansas no matter what.
You cannot marry a close relative. This includes parents, children, grandparents, and grandchildren. It also covers brothers, sisters, aunts, uncles, nieces, and nephews.
First cousins are on the banned list too. Arkansas calls these marriages void and illegal. The state treats them as a crime.
Think of it like this. These rules protect families and reduce health risks for children. The law has a clear reason behind each one.
You also can’t marry if you’re already married to someone else. That’s called bigamy, and it’s not allowed. You must end one marriage before starting another.
What About Common Law Marriage?
Wondering if you can become “common law married” in Arkansas? Here’s the honest answer. No, you can’t create one inside the state.
Arkansas does not allow couples to form a common law marriage. Living together for years won’t make you legally married here. Many people assume it does. They find out the hard way.
But there’s a twist. Arkansas will recognize a common law marriage from another state. If it was legal where you formed it, Arkansas honors it.
So a valid out-of-state marriage usually counts here. That’s a key detail for couples who move to Arkansas.
Same-Sex Marriage in Arkansas
Let me clear up some confusion. Same-sex marriage is legal in Arkansas. It has been since 2015.
That year, the U.S. Supreme Court ruled in a case called Obergefell v. Hodges. It made same-sex marriage legal across the whole country.
You might still see old language in Arkansas law. Some of it bans same-sex marriage. But that language can’t be enforced anymore. The Supreme Court ruling overrides it.
So if you’re a same-sex couple, you have the same rights. Same license, same process, same fee.
What Is a Covenant Marriage?
Here’s where it gets interesting. Arkansas offers a special kind of marriage called a covenant marriage.
Only three states even offer this. Arkansas is one of them. It’s a more serious, harder-to-leave commitment.
Couples choose it on purpose. You mark it on your license application. Then you complete a few extra steps.
First, you attend premarital counseling. This can be with clergy or a licensed counselor. They explain that a covenant marriage is meant to last a lifetime.
Next, you sign a notarized statement. It says you understand the commitment. You promise to seek counseling if problems come up.
Here’s the trade-off. Covenant marriages are much harder to end. You can’t get a quick no-fault divorce.
To divorce, you usually need a specific reason. Examples include abuse, adultery, a felony conviction, or long separation. You may also need counseling first.
Personally, I think this option makes sense for some couples. It’s a strong promise. Just know what you’re signing up for before you choose it.
What Happens If You Break These Laws?
So what if someone ignores the rules? The consequences depend on what was broken.
Marrying a banned relative is a crime. Arkansas treats it as a misdemeanor. A judge can order a fine, jail time, or both.
The marriage itself becomes void. That means it’s treated like it never legally existed. You’d lose the legal benefits of being married.
Bigamy is also against the law. Marrying while still married to someone else can lead to charges. It’s no joke.
Think of it like a serious traffic violation, but with bigger stakes. The penalties can follow you for a long time.
How to Get Married in Arkansas: Quick Steps
Ready to do this the right way? Here’s your simple game plan. I’ll keep it clear.
Start by confirming you’re both eligible. Make sure you’re old enough and free to marry. Check that you’re not closely related.
Next, gather your documents. Grab your photo IDs and know your Social Security numbers. Bring your $60 fee.
Then visit a county clerk’s office together. Apply in person and get your license. For adults, you can often marry that same day.
Finally, hold your ceremony with a qualified officiant. Make sure their credentials are recorded. Then return the license within 60 days. Done.
Don’t worry, this process trips up fewer people than you’d think. Just follow the steps and you’re good.
Frequently Asked Questions
How old do you have to be to marry in Arkansas?
You must be 18 to marry on your own. A 17-year-old can marry with parental consent and a five business day wait. Under 17 is not allowed.
How much is a marriage license in Arkansas?
The fee is $60. Payment methods vary by county, so call ahead to check if they take cards.
Is there a waiting period in Arkansas?
No waiting period for adults. The license can be issued the same day. Only 17-year-olds must wait five business days.
Does Arkansas have common law marriage?
You cannot create one inside Arkansas. But the state will recognize a valid common law marriage formed in another state.
Can first cousins marry in Arkansas?
No. Marriage between first cousins is banned and treated as void. It’s also considered a crime under state law.
Final Thoughts
There you have it. Marriage in Arkansas comes down to a few clear rules. Be old enough, get your license, and use a qualified officiant.
Most of it is simple. The fee is fair, there’s no blood test, and adults face no waiting period. Just watch out for the banned relationships and the covenant marriage choice.
Now you know the basics. Stay informed, plan ahead, and when something feels unclear, ask a local clerk or a family law attorney. Congrats in advance, and good luck.
References
- Arkansas Code § 9-11-102 (Minimum Age, Parental Consent): https://law.justia.com/codes/arkansas/title-9/subtitle-2/chapter-11/subchapter-1/section-9-11-102
- Arkansas Code § 9-11-106 (Prohibited Marriages): https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-11-106/
- Pulaski County Circuit Clerk, Marriage License Info: https://pulaskiclerkar.gov/departments/marriage-license/
- Arkansas Courts, Covenant Marriage Act Information: https://www.arcourts.gov/sites/default/files/formatted-files/Coventant_Marriage_Act_Form.pdf
- Legal Aid of Arkansas, Covenant Marriage Guide: https://a.arlawhelp.org/divorce-separation-annulment/covenant-marriage
