Getting Married in Arkansas: A Legal Guide
Getting married in Arkansas requires obtaining a marriage license from a county clerk, which is valid for 60 days with no waiting period after issuance. Both parties must appear in person with valid identification, pay a fee (typically $60-100), and Arkansas residents under 18 need parental consent while non-residents must be at least 17.
Marriage licenses in Arkansas are only valid within the state, and couples should obtain certified copies of their marriage certificate after the ceremony for legal name changes and other official purposes.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (Arkansas Code § 9-11-201)
In Arkansas, couples must obtain a marriage license before getting married. Both parties must appear in person at the county clerk's office, provide identification, and pay the required fee. There is no waiting period in Arkansas, and the license is valid for 60 days after issuance.
Age Requirements (Arkansas Code § 9-11-102)
Arkansas law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 17 may marry with parental consent. Arkansas previously allowed younger individuals to marry with parental consent, but recent legislation has restricted this practice.
Prohibited Marriages (Arkansas Code § 9-11-106)
Arkansas prohibits marriages between close relatives, including ancestors and descendants, siblings, aunts/uncles and nieces/nephews, and first cousins. The state also does not recognize marriages where either party is already married to someone else (bigamy).
Covenant Marriage Option (Arkansas Code § 9-11-801)
Arkansas offers couples the option of a 'covenant marriage,' which requires premarital counseling and makes divorce more difficult to obtain. This is a voluntary option that couples can choose when applying for their marriage license.
Name Change After Marriage (Arkansas Code § 9-2-101)
In Arkansas, either spouse may change their surname after marriage by indicating the desired name on the marriage license application. The marriage certificate then serves as legal documentation for the name change with government agencies and other institutions.
Property Rights in Marriage (Arkansas Code § 9-12-315)
Arkansas is not a community property state but follows equitable distribution laws. This means that property acquired during marriage is not automatically split 50/50 in case of divorce, but is divided 'equitably' based on various factors determined by the court.
Regional Variances
Marriage License Requirements in Arkansas
As the most populous county in Arkansas, Pulaski County (which includes Little Rock) has more staffing at the county clerk's office, often resulting in faster processing times for marriage licenses. They also offer online pre-application to expedite the in-person process.
Benton County requires both parties to appear in person with valid ID. They have specific hours for marriage license applications (8:00 AM to 4:30 PM Monday through Friday) and do not process applications on holidays.
Fayetteville has a unique covenant marriage option that requires premarital counseling and makes divorce more difficult. The county clerk provides special documentation for couples choosing this option.
Garland County, home to Hot Springs, is popular for destination weddings. The county clerk's office offers extended hours on certain days to accommodate the higher volume of marriage license applications from out-of-state couples.
Known as the 'Wedding Capital of the South,' Eureka Springs has streamlined the marriage license process to accommodate the high volume of weddings. The city has numerous wedding chapels and venues, and the county clerk's office is experienced in helping out-of-state couples navigate Arkansas marriage requirements.
Waiting Periods and Blood Tests
Arkansas has no waiting period for marriage licenses, which is different from neighboring states like Mississippi (3-day waiting period). Blood tests are no longer required statewide, though this was a requirement in the past.
Counties bordering other states (like Mississippi County, Crittenden County, and Miller County) often have staff familiar with the differences in marriage requirements between Arkansas and neighboring states, which can be helpful for couples coming from out of state to get married.
Same-Sex Marriage Considerations
Following the 2015 Supreme Court decision in Obergefell v. Hodges, same-sex marriage is legal throughout Arkansas. However, some counties may have varying levels of experience with processing these applications.
Little Rock has been historically more accommodating to same-sex couples seeking marriage licenses, even before the Supreme Court ruling, and county clerk staff are generally well-versed in processing these applications.
Suggested Compliance Checklist
Apply for a Marriage License
30 days before wedding days after startingIn Arkansas, both parties must appear in person at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security numbers. The license fee varies by county (typically $35-$60). There is no waiting period in Arkansas, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
60 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Arkansas, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Arkansas law.
Update or Create a Will
30 days after wedding days after startingMarriage automatically changes certain inheritance rights in Arkansas. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Arkansas, a valid will must be in writing, signed by you, and witnessed by at least two competent witnesses who also sign the document.
Create Healthcare Power of Attorney
30 days after wedding days after startingThis document allows your spouse to make medical decisions on your behalf if you become incapacitated. In Arkansas, this document must be signed by you and witnessed by two adults or notarized. Healthcare providers are legally required to follow these directives.
Establish Durable Power of Attorney
30 days after wedding days after startingThis grants your spouse authority to handle financial and legal matters if you become unable to do so. In Arkansas, a durable power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized to be legally valid.
Update Beneficiary Designations
45 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Arkansas, these designations typically override will provisions, so it's crucial to update them to reflect your new marital status.
Apply for Name Change (if applicable)
60 days after wedding days after startingIf either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then with the Arkansas Department of Finance and Administration for your driver's license. You'll also need to update your name with employers, banks, and other institutions.
Establish Joint Financial Accounts (if desired)
60 days after wedding days after startingWhile not legally required, many couples choose to establish joint bank accounts. In Arkansas, both spouses have equal access to joint accounts regardless of who contributes funds. Consider discussing whether to maintain separate accounts, joint accounts, or a combination.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch plans. In Arkansas, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand your specific deadline and options.
Research Arkansas Marital Property Laws
90 days after wedding days after startingArkansas is an 'equitable distribution' state, not a community property state. This means that assets acquired during marriage may not be split 50/50 in case of divorce, but rather 'equitably' based on various factors. Understanding these laws can help with financial planning and decision-making during your marriage.
Update Tax Filing Status
By next tax filing deadline days after startingOnce married, you can file taxes jointly or separately. For most Arkansas couples, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to determine the best approach for your circumstances.
Review and Update Estate Plan
90 days after wedding days after startingBeyond a will, consider if you need a trust or other estate planning tools based on your assets and goals. Arkansas has specific laws regarding inheritance and estate taxes that may affect your planning. A comprehensive estate plan can help minimize taxes and ensure your wishes are carried out.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Arkansas, both parties must appear in person at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security numbers. The license fee varies by county (typically $35-$60). There is no waiting period in Arkansas, and the license is valid for 60 days after issuance. | Marriage License Application | 30 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Arkansas, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Arkansas law. | Prenuptial Agreement | 60 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Arkansas. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In Arkansas, a valid will must be in writing, signed by you, and witnessed by at least two competent witnesses who also sign the document. | Updated Will | 30 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse to make medical decisions on your behalf if you become incapacitated. In Arkansas, this document must be signed by you and witnessed by two adults or notarized. Healthcare providers are legally required to follow these directives. | Healthcare Power of Attorney | 30 days after wedding |
| Establish Durable Power of Attorney | This grants your spouse authority to handle financial and legal matters if you become unable to do so. In Arkansas, a durable power of attorney must be in writing, signed by you, and either witnessed by two adults or notarized to be legally valid. | Durable Power of Attorney | 30 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, and investment accounts. In Arkansas, these designations typically override will provisions, so it's crucial to update them to reflect your new marital status. | Beneficiary Designation Forms | 45 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then with the Arkansas Department of Finance and Administration for your driver's license. You'll also need to update your name with employers, banks, and other institutions. | Name Change Application | 60 days after wedding |
| Establish Joint Financial Accounts (if desired) | While not legally required, many couples choose to establish joint bank accounts. In Arkansas, both spouses have equal access to joint accounts regardless of who contributes funds. Consider discussing whether to maintain separate accounts, joint accounts, or a combination. | Joint Bank Account Application | 60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch plans. In Arkansas, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand your specific deadline and options. | Health Insurance Coverage Change Form | 30 days after wedding |
| Research Arkansas Marital Property Laws | Arkansas is an 'equitable distribution' state, not a community property state. This means that assets acquired during marriage may not be split 50/50 in case of divorce, but rather 'equitably' based on various factors. Understanding these laws can help with financial planning and decision-making during your marriage. | - | 90 days after wedding |
| Update Tax Filing Status | Once married, you can file taxes jointly or separately. For most Arkansas couples, filing jointly results in tax benefits, but this depends on your specific financial situation. Consult with a tax professional to determine the best approach for your circumstances. | - | By next tax filing deadline |
| Review and Update Estate Plan | Beyond a will, consider if you need a trust or other estate planning tools based on your assets and goals. Arkansas has specific laws regarding inheritance and estate taxes that may affect your planning. A comprehensive estate plan can help minimize taxes and ensure your wishes are carried out. | - | 90 days after wedding |
Frequently Asked Questions
In Arkansas, you must be at least 18 years old to marry without parental consent (17 with parental consent). Both parties must appear in person at a county clerk's office to apply for a marriage license. You'll need to provide identification (driver's license, birth certificate, or passport), your Social Security numbers, and pay a license fee (typically $60-100, varying by county). There is no blood test requirement. The license is valid immediately with no waiting period and remains valid for 60 days.
Arkansas law does not require witnesses for a wedding ceremony. However, your officiant must sign your marriage license. Some religious ceremonies may incorporate witnesses as part of their traditional practices, but this is not a legal requirement under Arkansas state law.
In Arkansas, the following individuals can legally officiate weddings: ordained ministers, priests, rabbis, or other clergy; current or former judges (including supreme court justices, court of appeals judges, circuit judges, district judges, and justices of the peace); and mayors of Arkansas cities and towns. The officiant must be registered with the state to perform marriages.
Premarital counseling is not legally required in Arkansas. However, couples who complete a premarital counseling program (at least 9 hours with a qualified provider) can receive a discount on their marriage license fee. The discount amount varies by county but is typically a reduction of $35-60 off the standard fee.
Arkansas is not a community property state; it follows equitable distribution laws. Property acquired during marriage is generally considered marital property subject to equitable division in divorce. Property owned before marriage or received as gifts/inheritance typically remains separate property. However, commingling separate property with marital assets can convert it to marital property. Consider a prenuptial agreement if you want to clearly define property rights.
Name changes are optional in Arkansas. If you choose to change your name, your marriage certificate serves as the legal document needed to update your name with the Social Security Administration, DMV, and other institutions. You'll need to update your Social Security card first, then your driver's license, followed by other documents and accounts. There is no deadline for changing your name after marriage.
Yes, Arkansas is one of only three states that offers covenant marriage, which is a legally distinct type of marriage with stricter requirements for both entering and dissolving the union. Couples choosing covenant marriage must undergo premarital counseling, sign a declaration of intent, and can only divorce under limited circumstances (such as adultery, abuse, abandonment, or after a lengthy separation). This option reflects a more permanent commitment with fewer divorce options than standard marriage.
Yes, same-sex marriages are legal in Arkansas, as they are throughout the United States following the Supreme Court's 2015 Obergefell v. Hodges decision. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples, including the right to obtain a marriage license, adopt children jointly, and receive all state and federal benefits associated with marriage.
After your wedding, your officiant must return the completed marriage license to the county clerk's office within 60 days. To obtain a certified copy of your marriage certificate, contact the county clerk's office where your license was issued. You can request copies in person, by mail, or in some counties, online. The fee is typically $10 for the first copy and $5 for additional copies. You'll need to provide identification and basic information about the marriage.
Yes, you can remarry in Arkansas if you were previously married, but you must provide proof that your previous marriage was legally terminated through death, divorce, or annulment. When applying for your new marriage license, you'll need to provide the date your previous marriage ended and may need to show a death certificate, divorce decree, or annulment papers. There is no waiting period between a divorce and remarriage in Arkansas.