Arkansas Annulment Laws: Grounds, Deadlines and How to File (2026)

Arkansas allows annulment. Under Ark. Code Ann. § 9-12-201, a court may declare a marriage void when a spouse lacked the age or understanding to consent, was physically incapable of marriage, or consented only because of force or fraud. The case is filed as an equitable proceeding in the county where the person bringing it lives (§ 9-12-202).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment under Arkansas Code §§ 9-12-201 and 9-12-202, the void and prohibited marriages in §§ 9-11-106 and 9-12-101 (with §§ 9-11-107 and 9-11-108), parental annulment under § 9-11-104, Arkansas's marriage-age rules as amended in 2019 and 2021, and the inheritance rule for children in § 28-9-209. It does not cover religious annulments, other states' law, or how property, support and custody are decided. For ending a valid marriage, see Arkansas divorce laws.

Can you get an annulment in Arkansas?

Yes. The main annulment statute is Ark. Code Ann. § 9-12-201, which reads:

"When either of the parties to a marriage is incapable from want of age or understanding of consenting to any marriage, or is incapable of entering into the marriage state due to physical causes, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction."

The last clause matters. A marriage that falls under § 9-12-201 is not treated as void from the start; it is void "from the time its nullity shall be declared" by a court. Until a court rules, the marriage stands.

Statute quotations on this page come from a 2020 compilation of the Arkansas Code. The Arkansas Legislature's list of amended code sections shows no later amendment to the annulment, incest and bigamy sections quoted here through the 2025-2026 sessions. It does show the 2021 change to the marriage-age section, covered below.

Grounds for annulment in Arkansas

Arkansas law separates marriages it declares absolutely void from marriages a court may annul on request. The table lists the main grounds with the section that supplies each; a prior marriage that was never dissolved (§ 9-12-101) and the underage marriages § 9-11-105 calls voidable are covered below it.

The statutes in this table do not set a filing deadline or a bar based on living together after the problem came to light. That does not mean no limit exists. Courts can apply case law and equitable defenses, and this page does not cover whether an annulment can be sought after a spouse dies. Ask a lawyer licensed in Arkansas how timing affects a specific case.

Marriages between relatives

Section 9-11-106 lists the marriages Arkansas treats as incestuous:

"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."

First cousins are on the list, so a first-cousin marriage entered in Arkansas falls within § 9-11-106. For a marriage entered in another state, § 9-11-107(a) separately provides that a marriage valid where it was contracted and where the parties then lived "shall be valid in all the courts in this state," so a couple married elsewhere should ask an Arkansas lawyer how the two sections apply to them.

A spouse who was already married

Section 9-12-101 forbids a second marriage while a former spouse is alive unless the earlier marriage was dissolved:

"No subsequent or second marriage shall be contracted by any person during the lifetime of any former husband or wife of the person unless the marriage with the former husband or wife has been dissolved for some one (1) of the causes set forth in the law concerning divorces by a court of competent authority."

Section 9-11-108 is a narrow exception: if a spouse abandoned the other and lived outside Arkansas for five successive years without being known to the other spouse to be alive, the abandoning spouse's death is presumed, and a later marriage entered after those five years "shall be as valid as if the husband or wife were dead."

Bigamy is also a crime. Ark. Code Ann. § 5-26-201 provides that "A person commits bigamy if, being married, he or she purports to marry another person." Section 9-12-101 prohibits the second marriage but does not itself call it void, so ask a lawyer how an Arkansas court treats the second marriage and whether a decree is needed.

Lack of parental consent or a false age

Section 9-11-104 gives parents and guardians their own route to court:

"In all cases in which the consent of the parent or parents or guardian is not provided, or there has been a misrepresentation of age by a contracting party, the marriage contract may be set aside and annulled upon the application of the parent or parents or guardian to the circuit court having jurisdiction of the cause."

Separately, Ark. Code Ann. § 9-11-105 describes certain underage marriages as "voidable." The age figures in that section were written before Arkansas raised its marriage age, so ask the circuit clerk or a lawyer how the court applies § 9-11-105 today.

How to file for an annulment in Arkansas

Section 9-12-202(a) sets the forum: "The action shall be by equitable proceedings in the county where the complainant or complainants reside." Under § 9-12-202(b), process may be sent to any county where the other spouse lives or is found. Section 9-11-104 refers to "the circuit court having jurisdiction of the cause" for a parent's or guardian's application.

This page does not cover whether Arkansas sets a separate residency period for annulment, which forms the court uses, or the filing fee. The circuit clerk in the county where you live can explain local filing steps.

Arkansas marriage age: the 2019 and 2021 changes

Arkansas raised its minimum marriage age twice in recent years:

• Act 849 of 2019 (HB1708), titled "AN ACT TO END CHILD MARRIAGE; TO AMEND THE LAW CONCERNING THE MINIMUM AGE REQUIREMENT FOR MARRIAGE", raised the minimum age for females from 16 to 17, matching the existing age for males.
• Act 470 of 2021 (SB428) amended § 9-11-102 to set the general minimum age at 18.

Under Act 470, "a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection." Before a license issues, the 17-year-old "shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage." A waiting period of five business days follows.

A circuit court can void the parental consent on clear and convincing evidence that the parent or guardian is unfit and that the marriage is not in the minor's best interest. Section 9-11-103, a separate provision on judge-ordered licenses for some applicants under 18 when the female is pregnant, was amended by Act 849 of 2019, and the legislature's list shows no later amendment or repeal of it, including by Act 470 of 2021. Ask the county clerk or a lawyer how it applies alongside the 2021 rule.

What happens to children after an annulment

Arkansas has an inheritance rule for children of marriages that turn out to be void. Ark. Code Ann. § 28-9-209(a)(1) provides:

"If the parents of a child have lived together as man and wife and, before the birth of their child, have participated in a marriage ceremony in apparent compliance with the law of the state where the marriage ceremony was performed, though the attempted marriage is void, their child is deemed to be the legitimate child of both parents for all purposes of intestate succession."

That section sits in the probate code and addresses inheritance. Arkansas's divorce statute § 9-12-311 says no divorce affects the legitimacy of children, but it speaks to divorce. Custody and child support follow their own rules; see Arkansas child custody laws.

Property, support and name change after an annulment

The Arkansas property-division statute, § 9-12-315, applies "At the time a divorce decree is entered," and the name-restoration statute, § 9-12-318, is written for cases where the court finds a party is entitled to a divorce. The sections covered here do not say whether a court may divide property, award spousal support or restore a former name when it annuls a marriage.

Ask a lawyer licensed in Arkansas how a court handles property and support in an annulment. This page also does not cover whether Arkansas protects a spouse who married in good faith without knowing of the defect.

Annulment vs. divorce in Arkansas

An annulment declares that a marriage is legally defective under § 9-12-201 or another section above. A divorce ends a valid marriage on one of the grounds in § 9-12-301. For grounds, residency and waiting periods, see Arkansas divorce laws.

If the question is whether a marriage existed at all, Arkansas common-law marriage explains how Arkansas treats informal unions. To get a copy of a marriage or divorce record, see Arkansas marriage and divorce records.

A church annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status, and a court annulment does not decide religious questions.

Disclaimer: This article provides general legal information about annulment under Arkansas law (Ark. Code Ann. §§ 9-11-104, 9-11-106, 9-12-101, 9-12-201 and 9-12-202, and related sections), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Arkansas or ask the circuit clerk in your county about filing procedures.

Related

• Annulment laws in every state
• Arkansas divorce laws
• Arkansas common-law marriage
• Arkansas child custody laws
• Arkansas marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Arkansas?

Yes. Ark. Code Ann. § 9-12-201 lets a court declare a marriage void when a spouse lacked the age or understanding to consent, was physically incapable of marriage, or consented because of force or fraud.

What are the grounds for annulment in Arkansas?

Section 9-12-201 lists incapacity to consent from want of age or understanding, incapacity due to physical causes, and consent obtained by force or fraud. Section 9-11-104 adds a parent's or guardian's claim where parental consent was missing or a party lied about their age.

Where do you file for an annulment in Arkansas?

Section 9-12-202(a) says the action is an equitable proceeding in the county where the complainant lives, and process may be sent to any county where the other spouse lives or is found.

Is marrying a first cousin legal in Arkansas?

Ark. Code Ann. § 9-11-106 declares marriages between first cousins, along with other close relatives, incestuous and absolutely void. For a marriage entered in another state, § 9-11-107(a) provides that a marriage valid where it was contracted and where the parties then lived is valid in Arkansas courts, so a couple married elsewhere should ask an Arkansas lawyer how the two sections apply.

Can a parent annul a teenager's marriage in Arkansas?

Section 9-11-104 lets the parent or parents or guardian apply to the circuit court to set aside a marriage entered without their required consent, or where a contracting party misrepresented their age.

What is the minimum age to marry in Arkansas?

Eighteen, under § 9-11-102 as amended by Act 470 of 2021. A 17-year-old may marry only after giving the clerk a notarized affidavit of parental or guardian consent, followed by a five-business-day waiting period.

Are children of an annulled marriage legitimate in Arkansas?

Section 28-9-209 treats a child as the legitimate child of both parents for intestate succession when the parents lived together as spouses and had a marriage ceremony in apparent compliance with the law before the birth, even if the attempted marriage is void.

Is an Arkansas annulment the same as a church annulment?

No. A court annulment decides whether the marriage is legally valid. A religious annulment is a separate process within a faith community and does not change the marriage's legal status.