Each State regulates the requirements for persons to get married. These requirements generally fall into two categories: procedural requirements and substantive requirements.

The licensing requirement is used to help ensure that the substantive requirements are being met as well as promoting other social programs the State deems beneficial. Common requirements for a license are: age, cooling off period (3 to 5 days between application and issuing license), blood test for disease, blood line to show no close blood relationship between parties, and showing of previous marital relations.

Arkansas requires a Notice of Intention to Wed to be signed by both applicants to show consent. The notice contains the name, age, address, and age of the applicants. A license may not be issued to those visibly under the influence of alcohol or other drugs, those under the age of 18 unless parental or judicial consent has been obtained for females who are 16 or males who are 17, and those of the same sex. Arkansas does not require a blood test or cooling off period.

Common Law Marriage: a consummated agreement to be married by persons legally capable of making a marriage contract. The couple must agree to be married (this is often difficult to prove), continuously represent themselves to the public as being married, have sexual relations or cohabitation, and not have set a time limit on the duration of the marriage (the marriage must not be occasional). It gives full rights and inheritance as if married legally, and is recognized by 13 states. Common Law Marriages are not recognized under Arkansas Law or by Arkansas Courts.

Putative Spouse Doctrine: a putative marriage is a marriage contracted in good faith and ignorance (on one or both sides) that impediments exist which render it unlawful. When this occurs, the Putative Spouse Doctrine allows this person to enter into court as a spouse even though there are problems with the legality of the marriage. There must be a good faith belief that you are married, and this right terminates when you no longer have a good faith belief. The law presumes that the latest marriage is valid. This doctrine does not seem to be followed under Arkansas Law. See A.C.A. Section 9-12-101. It states a subsequent marriage before the dissolution of a prior marriage is prohibited. A marriage in violation of this section is void and no decree is necessary to avoid it. Goset v. Goset, 112 Ark. 47 (1914). A bigamous marriage is void even though one of the parties entered into it in good faith. Evatt v. Mier, 114 Ark. 84 (1914). However, Arkansas Law does provide for abandonment where one spouse disappears for a period of five years outside the state and is not known to be living, then the spouse may be presumed dead and a subsequent marriage is valid. See A.C.A. Section 9-11-108.

(a) Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of sixteen (16) years shall be capable in law of contracting marriage.
(b)(1) However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.
(2) The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one of the parents exclusive of the other, or unless the custody of the child has been surrendered by one of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.

(a)(1) If an application for a marriage license is made where one (1) or both parties are under the minimum age prescribed in § 9-11-102 and the female is pregnant, both parties may appear before a judge of the probate court of the district where the application for a marriage license is being made.
      (2) Evidence shall be submitted as to:
           (A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;
           (B) The birth certificates of both parties; and

           (C) Parental consent of each party who may be under the minimum age.
    (3) Thereupon, after consideration of the evidence and other facts and circumstances, if the probate judge finds that it is to the best interest of the parties, he may enter an order authorizing and directing the county clerk to issue a marriage license to the parties.
    (4) The county clerk shall retain a copy of the order on file in his office with the other papers.
(b) However, if the female has given birth to the child, the probate court before whom the parties are to appear, if satisfied that it would be to the best interests of all the interested parties and if all the requirements of subsection (a) of this section are complied with, with the exception of the physician's certificate as to the pregnancy, may enter an order authorizing and directing the county clerk to issue a marriage license as provided in subsection (a) of this section.

(a) The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable.
(b) All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage, are declared to be voidable only and shall be valid for all intents and purposes unless voided by a court of competent jurisdiction.

Arkansas Code Annotated Section 9-11-106: Incestuous marriages -- Penalties for entering into or solemnizing. (a) All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void. This section shall extend to illegitimate children and relations. (b) Whoever contracts marriage in fact, contrary to the prohibitions of subsection (a) of this section, and whoever knowingly solemnizes the marriage shall be deemed guilty of a misdemeanor and shall upon conviction be fined or imprisoned or both, at the discretion of the jury who shall pass on the case, or if the conviction shall be by confession, or on demurrer, then at the discretion of the court.

In all cases where any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed. Any subsequent marriage entered into after the end of the five (5) years shall be as valid as if the husband or wife were dead.

Arkansas Code Annotated Section 9-11-201: Licenses required.

    (a) All persons hereafter contracting marriage in this state are required to first obtain a license from the clerk of the county court of some county in this state.
    (b)(1) On and after July 1, 1997, the clerk of the county court shall record the social security numbers of the persons obtaining a marriage license on the marriage license application or the coupon for the marriage license. If an applicant does not possess a social security number, the clerk shall note this representation on the marriage license application or the coupon for the marriage license.
    (c)(1)(A)(i) The clerk of the county court shall transmit social security numbers of marriage license applicants to the Bureau of Vital Statistics of the Department of Health.
                (ii) The clerk is not required to otherwise maintain or report the social security numbers of marriage license applicants.
            (B) Compliance with the social security number reporting requirements of this section by the clerk of the county court shall be deemed to satisfy licensing entity reporting requirements under this section relative to marriage licenses.

(2) The Bureau of Vital Statistics shall allow the Office of Child Support Enforcement access to such social security information on an automated basis to the maximum extent feasible.

(a) The license may be in the following form:
State of Arkansas,
County of .........................
To any person authorized by law to solemnize marriage:
You are hereby commanded to solemnize the rites and publish the banns of matrimony between A. B., age ............. years, and D. C., age ............. years, according to law, officially sign and return this license to the parties herein named.

    Witness my hand and official seal, this ............... day of ..........., 19............
[L. S.]
                                                      .....................................
                                                          A. B., County Clerk.

(b) The party solemnizing the rites of matrimony shall endorse on the license his certificate of that fact in the following form:

State of Arkansas,
County of ..............
    I, A. B., do hereby certify that on the .................. day of .........., 20........., I did duly, and according to law as commanded in the foregoing license, solemnize the rites and publish the banns of matrimony between the parties herein named.
Witness my hand this ......... day of ........., 20 ..........
                                          .........................................
                                          A. B., Justice of the Peace.
(Or insert whatever title the party has, as minister, etc.)

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon application being made, upon the clerk being fully assured that applicants are lawfully entitled to the license, and upon the receipt of his fee.
(b) It shall be lawful for clerks of the probate courts to issue marriage licenses in counties having two judicial districts.

Arkansas Code Annotated Section 9-11-205: Notice of intention to wed -- Noncompliance, penalties, and effect.
(a) No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained. (b) The notice shall state the name, age, and address of both parties desiring to wed. (c) The county clerk shall verify the age of both parties and may treat birth certificates as prima facie proof of age. (d) The notice of intention to wed referred to in this section shall be filed with the county clerk of the county where the marriage license is obtained. (e) The county clerk may destroy the notice of intention to wed one (1) year after the date of its issuance. (f) Upon the failure on the part of the county clerk or any other person to comply with the provisions of this section, he shall be adjudged guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (g) No marriage shall be void for failure to comply with the provisions of this section.


Arkansas Code Annotated Section 9-11-207: Applicants for marriage licenses to be sober.
It shall be unlawful for any clerk who is authorized to issue marriage licenses to furnish or sell to any person or persons a license to marry at a time when either of the contracting parties is visibly under the influence of intoxicating drinks or under the influence of any kind of drugs. The parties applying for the license shall at the time be duly sober.

   (a) No license shall be issued to persons to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.
    (b)(1) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman.
        (2) No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
    (c)(1) Marriages between persons of the same sex are prohibited in this state.
        (2) Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
        (3) Nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.


Arkansas Code Annotated Section 9-11-209: Proof of age -- Parental consent.
(a) Any person applying for the license to marry another may introduce the parent or guardian of himself or the other party, or the certificate of the parent or guardian duly attested, to prove to the satisfaction of the clerk that the parties to the marriage are of lawful age. (b) In case either or both of the parties to the marriage are not of lawful age, it shall be the duty of the clerk, before issuing the license to require the party applying therefor to produce satisfactory evidence of the consent and willingness of the parent or guardian of the party to the marriage which shall consist of either verbal or written consent thereto. (c) If there are any doubts in the mind of the clerk as to the evidence of the consent and willingness of the parent or guardian of the party applying for the license or if he is in doubt as to the true age of the party so making application, he may require the applicants to furnish a copy of their birth certificates as proof of lawful age, or he may require the parties to make affidavit to the genuineness of the consent granted or to the correctness of the age given. The affidavit so made shall be filed in his office for public inspection.

(a) Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying have a lawful right to the license and that they will faithfully carry into effect and comply with the provisions of this act.
(b) The bond shall be void when the license is duly returned to the office of the county clerk, duly executed and officially signed by someone authorized by law to solemnize the rites of matrimony.

(a)(1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210, and the consent of parents, as required by §§ 9-11-102 -- 9-11-105. The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the armed forces of the United States of America or to any resident of this state to marry a person who is on active duty with the armed forces of the United States of America.
    (2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.
(b)(1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America."
    (2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached.
    (3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit.
    (4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card.
    (5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk.
(c) The county courts of this state for the purpose of this section shall be open and in session during regular office hours.

(a) If any person shall apply for and obtain a license to marry another, without first obtaining the consent of that party, he shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). The fines, when collected, shall be paid into the general fund of the county wherein the offense is tried.
(b) The party so doing shall moreover be liable to the party injured in any sum which a court or jury of competent jurisdiction may adjudge for damages.

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons:
    (1) The Governor;
    (2) Any former justice of the Arkansas Supreme Court;
    (3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) or more years;
    (4) Any justice of the peace of the county where the marriage is solemnized, including any former justice of the peace who served at least three (3) or more terms since the passage of Arkansas Constitution, Amendment 55;
    (5) Any regularly ordained minister or priest of any religious sect or denomination;
    (6) The mayor of any city or town;
    (7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or
    (8) Elected municipal court judges.
(b)(1) Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as Quakers, are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law.
    (2) The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, shall, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends, be incumbent upon the clerk of the congregation or, in his absence, his duly designated alternate.

(a) No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his license or credentials of his clerical character in the office of the county clerk of some county in this state. The minister or priest must also have obtained from the clerk a certificate, under his hand and seal, that the credentials are duly recorded in his office.
(b) It shall be the duty of a minister of the gospel or priest to add to the certificate of marriage required by law a statement setting forth the county where and the time when his license or credentials were so recorded.
(c) Any minister of the gospel, priest of any religious sect or denomination, or any person purporting himself to be such, who shall solemnize the rites of matrimony contrary to the provisions of this section, shall be deemed guilty of a misdemeanor. On conviction he shall be fined in any sum not less than one hundred dollars ($100).
(d)(1) It shall be the duty of the clerk and recorder in each county, seasonably to record, in a well-bound book to be kept for that purpose, all licenses or credentials of clerical character of such persons who deposit the licenses or credentials of clerical character with him for record.
(2) Any clerk failing to comply with the provisions of this subsection shall, on motion of the party aggrieved, giving the clerk ten (10) days' notice in writing of the motion, be fined any sum not exceeding one hundred dollars ($100).

(a) When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most appropriate.
(b) It shall be lawful for religious societies who reject formal ceremonies to join together in marriage persons who are members of the society, according to the forms, customs, or rites of the society to which they belong.

(a) Any person who presumes to solemnize marriage in this state contrary to the provisions of this act shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b) The fine imposed by subsection (a) of this section, when collected, shall be paid into the general fund of the county in which the offense was committed.

(a) Any person who fails to officially sign and return any license to the party at the time of the marriage shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b) The fine imposed by subsection (a) of this section, when collected, shall be paid into the general fund of the county in which the offense was committed.

(a) Any person obtaining license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license.
(b) If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void; otherwise, it shall remain in full force and effect.

If any person authorized to solemnize any marriage in this state shall willfully make a false return of any marriage or pretended marriage to the clerk and recorder, or if the clerk and recorder shall willfully make a false record of any return of a marriage license made to him, the offender shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100).

(a) Upon the return of any license officially signed as having been executed and that the parties therein named have been duly and according to law joined in marriage, the clerk issuing the license shall make a record thereof in the marriage record in his office.
(b) The clerk shall immediately make out a certificate of the record, giving the names, date, book, and page, together with the name of county and state, and attach the certificate to the license and return the license to the party presenting it.