Arkansas marriage laws require every couple to get a license from a county clerk before the wedding, and the rules are simpler than in many states: no blood test, no waiting period, and the ceremony can happen the same day the license is issued. The license costs $60 and stays valid for 60 days. Both people must be at least 18 to marry on their own, though a 17-year-old can marry with a parent’s notarized consent. Both applicants have to appear together in person at the clerk’s office.
Age Requirements
Anyone 18 or older can marry in Arkansas without permission from anyone. A 17-year-old can also marry, but the county clerk will not issue a license until the minor’s parent or guardian signs a notarized affidavit consenting to the marriage. If both parents share custody, the consent of one is enough. No one younger than 17 can marry under any circumstances.1Justia. Arkansas Code 9-11-102 – Minimum Age – Parental or Guardian Consent – Definition
Who Cannot Marry
Arkansas voids marriages between close relatives from the start. The prohibited relationships are:
- Parents and children, including grandparents and grandchildren of any generation
- Brothers and sisters, whether half-blood or whole blood
- Uncles and nieces, or aunts and nephews
- First cousins
These rules apply equally to children born outside of marriage. A marriage that violates any of them is automatically void and carries no legal effect.2Justia. Arkansas Code 9-11-106 – Incestuous Marriages – Penalties for Entering Into or Solemnizing
You also cannot marry someone else while an existing marriage is still in place. A new marriage entered during a prior one is voidable, and bigamy is a separate criminal offense.
Same-Sex Marriage
Same-sex couples can legally marry in Arkansas. The U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges established a constitutional right to marry for same-sex couples in every state. Arkansas still has Amendment 83 and a statute on the books that purport to ban same-sex marriage, but both are unenforceable under federal constitutional law.3Congress.gov. Obergefell v. Hodges
Federal law adds a second layer. The Respect for Marriage Act, codified at 28 U.S.C. § 1738C, prohibits any state from denying recognition to a marriage performed in another state based on the sex, race, ethnicity, or national origin of the spouses. And 1 U.S.C. § 7 requires the federal government to treat any marriage as valid for federal law if it was valid where it took place.4Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof
Getting the Marriage License
Both applicants must appear together at any county clerk’s office in Arkansas. A proxy or power of attorney is not accepted under any circumstances.5Justia. Arkansas Code 9-11-201 – Licenses Required
What To Bring
The statute only requires each applicant to provide a Social Security number, or confirm they don’t have one. In practice, clerks need to verify identity and age, so bring a valid government-issued photo ID: a driver’s license, state ID, or passport. Some counties also ask for a certified birth certificate. If any document is not in English, bring a certified translation.
Fees and Payment
The marriage license fee is $60. Most offices accept cash and credit or debit cards, but policies on checks vary by county. Call ahead if you’re unsure.6Pulaski County Circuit Clerk. Marriage License
No Blood Test, No Waiting Period
Arkansas does not require a blood test, physical exam, or any medical screening. There is also no waiting period once you’re 18 or older. The clerk processes your application and hands you the license the same day, so the ceremony can happen immediately.7Carroll County Arkansas. Marriage Licenses – Carroll County Arkansas
Who Can Perform the Ceremony
Arkansas law restricts who can legally solemnize a marriage. The authorized officiants are:
- Ordained ministers or priests of any religious denomination
- The Governor
- Judges of courts of record, active or retired with at least four years of service
- Former Supreme Court justices
- Justices of the peace, active or former with at least two terms served since Amendment 55
- District court judges, elected or former municipal and district judges with at least four years of service
- Mayors currently serving any city or town, and former mayors of first- or second-class cities who served at least five years
- Anyone appointed for the purpose by the county’s quorum court
Quaker marriages performed through the traditional rite of the Religious Society of Friends are also fully valid. In that case, the clerk of the congregation takes on the duties that would normally fall on an officiant.
Arkansas does not require any witnesses at the ceremony. The officiant’s signature on the license completes the solemnization.
After the Ceremony
The officiant must sign the marriage license and return it to the couple at the ceremony. An officiant who fails to do so commits a misdemeanor punishable by a fine of $100 to $500. You then return the signed license to the county clerk’s office that issued it within 60 days for official recording.6Pulaski County Circuit Clerk. Marriage License
The 60-day clock runs from the issue date, not the ceremony date. If you don’t get married within the window, return the unused license anyway. Some counties impose a bond or penalty when an applicant fails to return the document. Carroll County, for example, executes a $100 bond against both applicants if the license isn’t returned on time.7Carroll County Arkansas. Marriage Licenses – Carroll County Arkansas
Don’t sit on this paperwork. Until the signed license is filed and recorded, you may have trouble proving your marriage for insurance enrollment, name changes, or property transactions.
Covenant Marriage
Arkansas is one of three states, along with Louisiana and Arizona, that offers a covenant marriage. This is a legally distinct form of marriage with stricter entry requirements and far more limited grounds for divorce. Most couples don’t choose it, but you should know it exists before you apply.
What a Covenant Marriage Requires
Beyond the standard license, a covenant marriage adds two steps. First, the couple must complete counseling with an authorized provider: a minister, priest, rabbi, clergy member of any denomination, a licensed professional counselor, a licensed marriage and family therapist, or a licensed clinical psychologist.9Justia. Arkansas Code 9-11-803 – Covenant Marriage
Second, both parties execute a Declaration of Intent that includes a signed recitation acknowledging the marriage is a lifelong commitment, a joint affidavit confirming they completed the counseling and understand the limited grounds for ending the marriage, and a counselor’s attestation. Both signatures must be witnessed by a notary. The declaration and the license application are filed together with the county clerk.10Justia. Arkansas Code 9-11-804 – Content of Declaration of Intent
How Divorce Differs in a Covenant Marriage
In a standard Arkansas marriage, either spouse can file for divorce after 18 months of living apart. In a covenant marriage, the grounds are limited and both spouses must first get counseling before a court will hear the case. The allowed grounds are:
- Adultery by the other spouse
- A felony or other infamous crime committed by the other spouse
- Physical or sexual abuse of the filing spouse or a child of either spouse
- Two years of continuous separation without reconciliation
- Two years and six months of separation after a judicial separation when minor children are involved, reduced to one year if the separation was based on child abuse
Couples already in a standard marriage can convert to a covenant marriage by completing the counseling and filing a declaration with the county clerk. Think it through: the divorce restrictions are real and can add years to ending a marriage that isn’t working.
Common-Law Marriage
You cannot create a common-law marriage inside Arkansas. Amendment 83 to the Arkansas Constitution bars any legal status for unmarried persons that is identical or substantially similar to marriage. The amendment leaves the legislature the option to recognize a common-law marriage validly formed in another state.12Justia. Arkansas Constitution Amendment 83 – Marriage
If you established a common-law marriage in a state that permits them, such as Colorado, Texas, or Kansas, Arkansas may recognize it. The burden is on the couple to prove the marriage satisfied the requirements of the state where it was formed, which generally means showing cohabitation, mutual intent to be married, and public presentation as a married couple in that jurisdiction.