Arkansas Marriage Laws: Age, License, and Covenant Rules

Arkansas marriage laws require both people to appear together at any county clerk’s office, pay a $60 fee, and obtain a license before the ceremony. Both parties must be at least 18, or 17 with a parent’s notarized consent. There is no waiting period, no blood test, and no medical exam. The license is valid for 60 days, and the ceremony can take place the same day it is issued.

Who Can Marry in Arkansas

Anyone 18 or older can marry without permission from a parent or guardian. A 17-year-old can marry only if a parent or guardian signs a notarized affidavit consenting to the marriage before the county clerk issues the license. If the parents share custody, one parent’s consent is enough. No one under 17 may marry under any circumstances.1Justia. Arkansas Code 9-11-102 – Minimum Age – Parental or Guardian Consent – Definition

Certain family relationships make a marriage void from the start. Arkansas prohibits marriage between parents and children (including grandparents and grandchildren), whole- or half-blood siblings, uncles and nieces, aunts and nephews, and first cousins. These prohibitions apply regardless of whether the parties were born inside or outside of marriage, and a marriage that violates them has no legal effect.2Justia. Arkansas Code 9-11-106 – Incestuous Marriages – Penalties for Entering Into or Solemnizing

You cannot marry if you are already legally married to someone else. A new marriage entered while a prior one still exists is voidable, and bigamy is a separate criminal offense.

Same-sex couples can legally marry in Arkansas following the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges. Arkansas still has a state constitutional amendment and a statute that purport to ban same-sex marriage, but both are unenforceable under federal constitutional law.3Congress.gov. Obergefell v. Hodges

Applying for a Marriage License

Both people must appear together at any Arkansas county clerk’s office. A proxy or power of attorney is not accepted.4Justia. Arkansas Code 9-11-201 – Licenses Required

The statute itself only requires you to provide a Social Security number (or confirm you don’t have one). In practice, county clerks verify identity and age, so bring a valid government-issued photo ID such as a driver’s license, state ID, or passport. Some counties also ask for a certified birth certificate. If a document is not in English, bring a certified translation.

The fee is $60 across the state. Most offices take cash and credit or debit cards; policies on checks vary, so call ahead if that matters. Arkansas requires no blood test, physical exam, or medical screening, and there is no waiting period for applicants 18 or older. The clerk processes the application and hands you the license on the spot.5Pulaski County Circuit Clerk. Marriage License6Carroll County Arkansas. Marriage Licenses – Carroll County Arkansas

Who Can Perform the Ceremony

Arkansas law limits who can legally solemnize a marriage. Authorized officiants include ordained ministers or priests of any religious denomination, the Governor, judges of courts of record, former Supreme Court justices, justices of the peace, district court judges, mayors of any city or town, and anyone appointed for that purpose by the county’s quorum court. Certain former officeholders also qualify based on years of service.7Justia. Arkansas Code 9-11-213 – Persons Who May Solemnize Marriages

Marriages performed through the traditional rite of the Religious Society of Friends are also recognized as fully valid. In that case, the clerk of the congregation handles the duties that would otherwise fall on an officiant.

No witnesses are required. The officiant’s signature on the license is sufficient.

Returning the Signed License

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 are then responsible for returning the signed license to the issuing county clerk’s office within 60 days for official recording.5Pulaski County Circuit Clerk. Marriage License

The 60-day clock runs from the date the license was issued, not the ceremony date. If you don’t marry within that window, you still need to return the unused license. Some counties impose a penalty. Carroll County, for example, executes a $100 bond against both applicants if the license isn’t returned on time.6Carroll County Arkansas. Marriage Licenses – Carroll County Arkansas

Don’t sit on the paperwork. Until the signed license is filed and recorded, you may have trouble proving the marriage for insurance enrollment, name changes, or property transactions.

Covenant Marriage as an Alternative

Arkansas is one of only three states (along with Louisiana and Arizona) that offers a covenant marriage, a legally distinct form of marriage with stricter entry requirements and much narrower grounds for divorce. Most couples choose the standard option, but the covenant version is available at the license stage.

Beyond the standard application, a covenant marriage requires two extra steps. The couple must complete counseling with an authorized provider (a minister, priest, rabbi, other clergy, licensed professional counselor, licensed marriage and family therapist, or licensed clinical psychologist).8Justia. Arkansas Code 9-11-803 – Covenant Marriage Both parties then execute a notarized Declaration of Intent that includes a signed recitation acknowledging the marriage as a lifelong commitment, a joint affidavit confirming the counseling and their understanding of the limited grounds for ending the marriage, and a counselor’s attestation. The declaration is filed with the standard license application.9Justia. Arkansas Code 9-11-804 – Content of Declaration of Intent

The real difference shows up in divorce. In a standard Arkansas marriage, either spouse can file for divorce after living apart for 18 months. In a covenant marriage, grounds are limited to adultery, a felony or infamous crime by the other spouse, physical or sexual abuse of the filing spouse or a child of either spouse, two years of continuous separation, or two years and six months of separation after a judicial separation when minor children are involved (one year if the separation was based on child abuse). Both spouses must obtain counseling before a court will hear the case.10Justia. Arkansas Code 9-11-808 – Divorce or Separation

Couples already in a standard marriage can convert to a covenant marriage by completing the counseling and filing a declaration with the county clerk. The restrictions on divorce are real and can add years to the process of ending a marriage that isn’t working, so the decision deserves serious thought.

Common-Law Marriage

You cannot form a common-law marriage in Arkansas. Amendment 83 of the Arkansas Constitution bars any legal status for unmarried persons that is identical or substantially similar to marriage.11Justia. Arkansas Constitution Amendment 83 – Marriage

If you established a common-law marriage in a state that recognizes them, such as Colorado, Texas, or Kansas, Arkansas may recognize it. The burden is on the couple to prove the marriage met the requirements of the state where it was formed, typically through evidence of cohabitation, mutual intent to be married, and public presentation as a married couple in that jurisdiction.

Name Change and Taxes After Marriage

Marriage doesn’t automatically change your legal name. If you want to take your spouse’s surname or adopt a hyphenated name, start with the Social Security Administration. Arkansas participates in the SSA’s electronic marriage-data exchange, so eligible residents can apply online. You qualify for the online process if you are a U.S. citizen at least 18 years old, your marriage occurred at least 30 days earlier, and you have an active “my Social Security” account. There is no fee for a replacement card.12Social Security Administration. Change Name with Social Security

If you don’t meet those criteria, start the application online and finish it at a local SSA office within 45 days, bringing your marriage certificate (at least 30 days old) and an unexpired photo ID. Expect the new card in 5 to 10 business days. Once Social Security is updated, move on to your driver’s license, passport, bank accounts, and employer records.

Your federal tax filing status also changes in the year you marry. For 2026, married couples filing jointly receive a standard deduction of $32,200, compared to $16,100 for a single filer, and filing jointly often lowers the total tax bill when one spouse earns significantly more than the other.13Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 The benefit can flip when both spouses earn high incomes, because their combined income pushes into higher brackets faster. Married filing separately is also available, though it limits certain credits and deductions. Run the numbers before your first joint return.