Common Law Marriage in Arkansas: Everything You Need to Know
When it comes to relationships, there is no one-size-fits-all formula. Some couples choose to tie the knot in a traditional ceremony while others may opt for a more informal setup like common law marriage. But what exactly is common law marriage, and is it even recognized in Arkansas?
In this article, we’ll take a closer look at the ins and outs of common law marriage in the state of Arkansas, including its legal implications, requirements, and limitations. Whether you’re considering entering into a common law marriage or simply curious about the topic, read on.
What is Common Law Marriage?
Common law marriage (also known as informal marriage or sui iuris marriage) refers to a type of union where a couple lives together in a marital-like relationship without obtaining a marriage license or going through a formal ceremony. In other words, it is a marriage that is recognized purely based on the couple’s mutual agreement and cohabitation.
Common law marriage has its roots in British common law, which stated that if a couple lived together for a certain period of time and presented themselves as husband and wife, they would be considered married in the eyes of the law. Today, common law marriage is recognized by some states in the US, including Arkansas, as a legal option for couples who cannot or do not want to get married through the usual means.
Common Law Marriage in Arkansas: Requirements and Eligibility
If you’re interested in entering into a common law marriage in Arkansas, there are certain requirements you need to meet. First and foremost, you and your partner must have the capacity to enter into a legal marriage. This means that you must be of legal age (18 years old or older), must not be currently married to another person, and must not be closely related (such as siblings or first cousins).
Additionally, you must have the intent to be married and must have lived together in the state of Arkansas for a certain period of time. While there is no specific time requirement for common law marriage in Arkansas, some factors that may be considered include how long you’ve been living together, how you present yourselves as spouses in public, and how you share your finances and assets.
In order to prove that you are in a common law marriage, you may need to provide evidence such as joint bank accounts, shared bills, or witness testimony. Keep in mind that simply living together or having a romantic relationship does not automatically mean that you are in a common law marriage, as you must also meet the legal requirements.
Legal Implications of Common Law Marriage in Arkansas
Common law marriage may seem like a simpler and more convenient way to get married, but it’s important to be aware of its legal implications and limitations. In Arkansas, common law marriage is recognized just like a traditional marriage, which means that the couple has the same legal rights and responsibilities as formally married couples.
However, one key difference is that common law marriage does not require a formal divorce if the couple decides to end the relationship. Instead, they can simply separate and go their separate ways, without the need for legal proceedings. However, this does not mean that common law marriage is not subject to property division, spousal support, and other legal issues that may arise in the event of a breakup.
In addition, common law marriage does not confer all the same benefits as traditional marriage, such as Social Security and survivor’s benefits. To be eligible for these benefits, the couple must have a formal marriage certificate and meet other eligibility requirements.
Common Law Marriage vs. Domestic Partnership
It’s important to note that common law marriage is not the same thing as domestic partnership. While both refer to unmarried couples who live together, domestic partnership generally refers to a legal arrangement that provides certain benefits and protections to same-sex couples and unmarried opposite-sex couples.
In Arkansas, domestic partnership is not recognized, but some cities and counties have passed local ordinances allowing for domestic partnership registration. However, these arrangements may not carry the same legal weight as traditional marriage or common law marriage, and couples may need to seek legal advice to understand their rights and limitations.
Conclusion
Common law marriage may be a viable option for couples who cannot or do not want to pursue a formal marriage, but it’s important to understand its legal implications and limitations. In Arkansas, common law marriage is recognized, but couples must meet certain eligibility requirements and may need to provide evidence of their union.
If you’re considering entering into a common law marriage in Arkansas, it’s recommended that you consult with a family law attorney to ensure that you understand your legal rights and responsibilities. By doing so, you can make an informed decision about your relationship and take steps to protect your interests and assets.
Quick Guide to Common Law Marriage in Arkansas
Common-Law Marriage: Arkansas
A common law marriage in Arkansas has never been allowed, but the state will recognize such a marriage according to some common law marriage laws dealing with foreign marriages.
The state may make exemptions for marriage requirements according to common law marriage laws under section 9-11-107 of the state’s code:
“All marriage contracted outside this state that would be valid by the laws of the state or country in which the marriage was consummated and in which the parties then actually resided shall be valid in all the courts in this state.”
Marriage Requirements in Arkansas
Marriage requirements in the state prohibit certain kinds of marriages:
• 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 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
• The marriage is incestuous
Marriage requirements prohibit many types of marriages, but common law marriage laws will be recognized in some cases if another state allows the common law marriage.
Determining the Validity of Common Law Marriages in Arkansas
Although there are few laws addressing a common law marriage in Arkansas compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:
The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common law marriage laws and marriage requirements.
In order to validate the common law marriage in Arkansas, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of the common law marriage in Arkansas:
• The two parties actually cohabitated in an out of state jurisdiction
• The out-state jurisdiction had established common law marriage laws and requirements
• The date of actually declaring the specific type of marriage can be established by the court
If two couples want the state of Georgia to recognize their common law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign the power of attorney documents before declaring the common law marriage in Arkansas.
Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional according to common law marriage laws and influential court cases.
If couples in a recognized common law marriage come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of AR may recognize such agreements.
If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.
