Best Marriage Lawyers in Arkansas

About Marriage Law in Arkansas, United States

Marriage laws in Arkansas are established primarily by state statutes and focus on the requirements for entering into a legally recognized marriage. Marriage in Arkansas involves obtaining a marriage license, adhering to minimum age requirements, and abiding by specific legal conditions for the ceremony to be valid. The state recognizes both opposite-sex and same-sex marriages equally and requires compliance with certain residency and documentation rules. Understanding the nuances of marriage law is essential for couples wishing to marry, as well as for those navigating issues related to marriage validity, dissolution, or legal rights derived from marital status.

Why You May Need a Lawyer

Individuals in Arkansas may require legal guidance in marriage-related matters for several reasons. Common situations include:

• Understanding prenuptial or postnuptial agreements and their enforceability
• Addressing legal issues involving underage marriage or parental consent
• Navigating complex issues such as annulment, validity of marriage, or bigamy concerns
• Dealing with matters related to name changes and property rights after marriage
• Understanding rights and obligations in same-sex marriages
• Handling marriage license problems or providing incorrect information
• Assisting with international marriage requirements or recognition

A lawyer knowledgeable in Arkansas family law can help ensure that legal requirements are met, protect individuals' interests, and assist in resolving any disputes or legal complications that may arise before or after marriage.

Local Laws Overview

Arkansas marriage laws outline who can marry, the steps required to become legally married, and the state’s recognition of marriage. Some of the key aspects include:

• Marriage License: Both parties must appear in person at the county clerk’s office to apply for a marriage license. There is no residency requirement for marriage in Arkansas.
• Age Requirements: The legal age to marry without parental consent is 18. Individuals aged 17 can marry with parental consent, but marriage is not permitted below this age unless under exceptional judicial circumstances.
• Cousin Marriage: Marriage between first cousins is not allowed.
• Waiting Period: There is no waiting period for most marriage licenses, but a waiting period may apply if a previous marriage ended in divorce within the last 30 days.
• License Validity: A marriage license is valid for 60 days from the date of issue and can be used anywhere within Arkansas.
• Name Change: Marriage allows spouses to change their last name, but additional legal steps may be necessary to update documents.
• Common Law Marriage: Arkansas does not recognize common law marriages established within the state, although it may recognize common law marriages lawfully created in other states.
• Same Sex Marriage: Same-sex marriage is legally permitted and protected.
• Prohibited Marriages: Marriages between close relatives and those while a prior marriage is still in effect are prohibited.

Violations of marriage laws, such as misrepresenting information on a marriage license application, can result in penalties or invalidation of the marriage. It is advisable to consult state-specific legal resources or professionals for unique or complex circumstances.

Frequently Asked Questions

What is the legal age for marriage in Arkansas?

The legal age to marry without parental consent in Arkansas is 18 years old. Individuals who are 17 can marry with parental consent. Marriage for those under 17 is generally not allowed, except in rare cases with a judge’s approval.

Do I have to be a resident of Arkansas to get married in the state?

No, you do not have to be a resident of Arkansas. The marriage license can be obtained and used anywhere in the state, regardless of where either applicant resides.

How do I obtain a marriage license in Arkansas?

Both parties must appear in person at a county clerk’s office with valid identification and provide necessary information. A marriage license is issued upon completion of the application and payment of the required fee.

Is there a waiting period after getting a marriage license in Arkansas?

There is no mandatory waiting period to marry, except in certain circumstances involving recently divorced individuals, where a 30-day waiting period from the divorce decree may apply.

Can I marry my cousin in Arkansas?

No, marriage between first cousins is not permitted under Arkansas law.

Does Arkansas recognize same sex marriage?

Yes, same sex marriage is recognized and permitted under Arkansas law following the United States Supreme Court’s ruling in Obergefell v. Hodges.

Are common law marriages recognized in Arkansas?

No, Arkansas does not allow common law marriages to be established within the state. However, a common law marriage legally established in another state may be recognized in Arkansas.

Can I change my name after marriage in Arkansas?

Yes, individuals may choose to change their surname after marriage. The marriage certificate serves as proof of the name change, but further steps are required to update social security records, driver’s licenses, and other official documents.

What documents are required to get married in Arkansas?

You will typically need a government issued photo ID, such as a driver’s license or passport, and possibly proof of divorce if previously married. The county clerk may have specific requirements, so it is best to confirm in advance.

How long is a marriage license valid in Arkansas?

A marriage license in Arkansas is valid for 60 days from the date of issuance. It must be returned and filed with the county clerk following the ceremony.

Additional Resources

For more information or assistance with marriage related questions in Arkansas, consider the following resources:

• Arkansas Department of Health - Vital Records Division for marriage certificates
• County Clerk's Office in the county where the marriage will take place
• Legal Aid of Arkansas for free or low cost legal advice
• Arkansas Bar Association for referrals to private family law attorneys
• Local family court offices for questions about legal processes related to marriage

These organizations can provide further support, forms, and answers to questions about specific legal circumstances.

Next Steps

If you need legal assistance with marriage in Arkansas, United States, take the following steps:

• Gather all necessary personal documents, including identification and any prior divorce decrees if applicable
• Contact your local county clerk for specific requirements and to apply for your marriage license
• If facing a complex situation, such as minor age, international marriage, or prior marital history, consult a licensed Arkansas family law attorney for personalized guidance
• Reach out to Legal Aid or the Arkansas Bar Association for lawyer referrals or legal clinics
• Prepare any questions or concerns you may have in advance of your consultation to make the most of your meeting with a legal professional

By being informed and seeking appropriate legal guidance, you can ensure that your marriage in Arkansas is valid, your rights are protected, and any unique situations are addressed properly.