With so many decisions to make concerning your marriage ceremony, it might be easy to overlook some of the most vital details. We?ve outlined the legal details of getting married in Arkansas. Don’t worry; it’s not complicated. Most couples will just need to bring the fee and their ID’s to the county clerk’s office, but check below to make sure you meet all of the conditions.
1. Couples should get their marriage license from any county clerk’s office. The cost of a marriage license is about $47. Only cash is accepted — no money orders, checks or credit cards. No refunds on the amount of the license will be granted.
2. Males and females must be 18 years of age in order to be married. Males age 17 and females ages 16 or 17 may be married with the consent of their parents. The custodial parent or parents of the couple must sign the marriage bond with applicants when the license is issued. If only one parent is able to sign the bond because of divorce, separation, death or other circumstances, then certified papers must be produced for verification of those circumstances.
3. Males under the age of 17 and females under the age of 16 are prohibited from marrying without a court order. Usually the court order is given only in extreme circumstances, such as if the female is pregnant or a child has been born to the couple.
4. Males and females age 21 or younger must present state-certified copies of their birth certificates, an active military identification card or a valid passport.
5. Males and females 22 or older may present a valid driver’s license (or any of the above-mentioned documents) showing their correct name and date of birth. If your name has changed after a divorce and your driver’s license does not reflect this change, you will need to bring a certified copy of your divorce decree.
6. Your marriage license must be returned — used or unused — within 60 days, or you could face a $100 fine.
7. No medical or blood test is required in Arkansas.
8. Once obtained, the marriage license may be used immediately. There is no waiting period required in Arkansas after a divorce is final.
9. No proof of residency is required to be married in Arkansas.
10. The marriage license may be used anywhere in Arkansas, but it must be returned for final recording within 60 days to the county clerk’s office where it originated.
11. Ministers performing marriages in Arkansas must have their credentials recorded in one of Arkansas’ 75 counties. Other officiants may include justices of the peace, judges, a mayor or the governor.
12. The license can be used only in Arkansas, and the marriage ceremony can take place only in Arkansas. No witness is required.
Covenant Marriage
As of 2001, couples in Arkansas can choose to enter into what is called a Covenant Marriage. By choosing this option, couples are required to receive pre-marriage counseling and are bound by two limitations on obtaining a divorce or legal separation that does not apply to other married couples:
- The couple agrees to seek counseling if problems arise during the marriage.
- The couple can seek a divorce or legal separation only for limited reasons.
Reasons for obtaining a divorce or legal separation in a Covenant Marriage include adultery, commission of a felony, or physical or sexual abuse of the spouse or a child of either spouse. The couple also may obtain a legal separation in the case of habitual drunkenness for one year, cruel or barbarous treatment or if the couple has lived apart continuously for two years without reconciliation. Waiting periods for a divorce are contingent on certain restrictions including the presence of children in the family and in the case of abuse.
In addition, spouses in a Covenant Marriage may only sue one another for a limited set of reasons. For more information on Covenant Marriages, call your county clerk or click here.