Common Law Marriage in Arkansas
State-specific overview · Family Law
Arkansas recognizes common law marriage created before 1939; marriages after that date require a license and ceremony.
How Arkansas treats Common Law Marriage
Arkansas abolished common law marriage for unions entered into after January 1, 1939. Common law marriages validly established before that cutoff date remain recognized and enforceable. Modern couples in Arkansas must obtain a marriage license and have the marriage performed by an authorized official. This historical cutoff means common law marriage is no longer a practical option for new unions in the state.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arkansas.