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Common Law Marriage in Arkansas

Arkansas courts have held that common law marriage was never part of Arkansas law, but marriages valid where they were formed and where the couple then lived are valid in Arkansas courts.

Last checked . General information, not legal advice.

Arkansas at a glance

New common law marriages allowed
No, never recognized
Cutoff date
Never recognized
The Arkansas Supreme Court held in 1911 that common law marriage never obtained in Arkansas.
Requirements
Not available
Out-of-state marriages valid where the parties then actually resided are valid in Arkansas courts.

Sources

Last checked

The rules in Arkansas

Can a couple form a common law marriage in Arkansas today?

No, never recognized. New common law marriages allowed in Arkansas: no, never recognized.

When did Arkansas stop recognizing new common law marriages?

Cutoff date in Arkansas: Never recognized. The Arkansas Supreme Court held in 1911 that common law marriage never obtained in Arkansas.

What are the requirements for a common law marriage in Arkansas?

Requirements in Arkansas: Not available. Out-of-state marriages valid where the parties then actually resided are valid in Arkansas courts.

Where do the Arkansas common law marriage laws come from?

The rules above come from Ark. Code 9-11-107 and Furth v. Furth, 97 Ark. 272 (1911). Each source is linked on this page. We last checked them in October 2026.

Good to know

Ark. Code 9-11-107 makes marriages valid in the state or country where they were consummated and where the parties then actually resided valid in Arkansas courts.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.