Annulment of Marriage in Arkansas
Quick Guide to Annulments in Arkansas
Annulments of Marriages in Arkansas
Most laws for an annulment of marriage in Arkansas are located in Subchapter 2 and Chapter 12 of Title 9 of the state’s annotated code. This article will reference the listed chapter as well as others both to list the important grounds for an annulment of marriage in Arkansas.
Specific Laws about Annulments of Marriages in Arkansas
General provisions for annulments of marriages in Arkansas are located in Section 9-12-201 Grounds. Generally, an annulment of marriage in Arkansas may occur in the following situations:
• One or both of the parties were too young to legally marry within the state (under the age of 16)
• One or both of the parties were unable to mentally understand the consent of the marriage and the consequences involved
• One or both of the parties were incapable of entering to the marriage within the state because of physical causes
• The consent to marry was obtained through fraud
• Either party forced the other party to enter into marriage
Section 9-11-106 also allows an annulment of marriage in Arkansas if the marriage is incestuous. According to this section, annulments of marriages in Arkansas occur in the following circumstances:
“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… [and] this section shall extend to illegitimate children and relations.”
In some cases, a court may allow the marriage to continue between parties who were too young to marry if the female party has conceived child according to laws for annulments of marriages in Arkansas.
Steps for Annulments of Marriages in Arkansas
An annulment of marriage in Arkansas requires the following steps:
1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Arkansas, and you’ll have to file a complaint with the county court. You’ll have to contact your local county court in order to find information on what forms you’ll need to file a complaint, and you can find contact information for courts at the following link.
2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within annulments of marriages in Arkansas.
3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.
4. Set up a court hearing: all annulments of marriages in Arkansas must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial. If either party misrepresented their age, a court may not always grant an annulment in some cases.