Common Law Marriage in Arkansas: Is It Recognized? (2026)

Arkansas does not recognize common law marriage formed within the state. Arkansas Code section 9-11-107 requires a marriage license, and courts have consistently held since at least Fryar v. Roberts (2001) that cohabitation without a license creates no marital rights in Arkansas. Arkansas does recognize a common law marriage that was validly formed in another state.

Information last verified on June 2, 2026.

Does Arkansas recognize common law marriage?

Arkansas does not allow couples to form a common law marriage within the state. Arkansas Code section 9-11-107 requires that every marriage in Arkansas be preceded by a marriage license, and the Arkansas Supreme Court held in Fryar v. Roberts, 346 Ark. 432, 57 S.W.3d 727 (2001), that common law marriage is not recognized in Arkansas. In that case, the court declined to find a valid marriage based on years of cohabitation and a holding-out as married, and it affirmed the general rule that Arkansas has never recognized the common law marriage doctrine.

Arkansas Constitution Amendment 83, adopted by voters in November 2004, defines marriage in Arkansas as only a marriage between a man and a woman and provides that legal status identical or substantially similar to marriage shall not be valid or recognized. Although Amendment 83's scope was fundamentally altered by the United States Supreme Court's decision in Obergefell v. Hodges, 576 U.S. 644 (2015), which requires states to license and recognize same-sex marriages, the underlying statutory and case-law prohibition on common law marriage formation in Arkansas remains intact. Arkansas Code section 9-11-107 continues to require a marriage license, and Fryar v. Roberts remains good law on that point.

Why Arkansas has never recognized common law marriage formation

Arkansas has required a marriage license as a precondition to a valid marriage since its territorial period. Unlike states that recognized common law marriage for a time and later abolished it by setting a prospective cutoff date, Arkansas never adopted the common law marriage doctrine to begin with. There is therefore no grandfather date for Arkansas-formed unions.

The license requirement serves several policy purposes the legislature and courts have identified: it creates a clear public record of marital status, protects both parties by making the legal implications of marriage clear at the outset, and avoids the evidentiary difficulties that arise when parties dispute whether a marriage was ever formed.

Because Arkansas has never permitted common law marriage formation, a couple that cohabits in Arkansas for any length of time, presents themselves publicly as married, files joint tax returns, and genuinely believes they are married has nonetheless not formed a legally recognized marriage under Arkansas law without a license.

Does Arkansas recognize a common law marriage from another state?

Yes, with an important qualification under current Arkansas law. Arkansas recognizes a common law marriage between a man and a woman that was validly formed in a state that permits such marriages, under the Full Faith and Credit Clause of the United States Constitution and the principle of comity, under which courts recognize legal relationships validly created in other jurisdictions.

The qualification arises from Amendment 83 and Arkansas Code section 9-11-107, which, as interpreted through post-Obergefell Arkansas case law, continues to reflect the legislature's intent to limit marriage recognition to certain categories. Couples who believe they have a valid same-sex common law marriage formed in another state should consult an Arkansas family law attorney for current guidance, as this area involves the intersection of Obergefell, Amendment 83, and Arkansas statutory provisions.

For a heterosexual couple who validly formed a common law marriage in a state that permits it, such as Colorado, Texas, Iowa, or another recognized common law marriage state, that marital status travels with them to Arkansas. Arkansas courts treat the couple as legally married for purposes of divorce, property division, spousal support, inheritance rights, intestate succession, and all other legal incidents of marriage.

To establish Arkansas recognition, a party must show that the marriage met all the requirements of the state where it was formed. For instance, a couple asserting a Texas informal marriage under Texas Family Code section 2.401 must show they agreed to be married, cohabited in Texas, and represented to others that they were married.

How to prove a common law marriage formed in another state

A common law marriage leaves no license or official certificate, so the burden of proving the marriage rests on the party asserting it. The elements and standard of proof are governed by the law of the state where the marriage was formed, but courts examining the evidence typically look at the same general categories.

Evidence commonly considered includes:

• Joint federal or state tax returns filed as "married filing jointly" or "married filing separately"
• Joint bank accounts, joint deeds, joint mortgage or lease agreements
• Life insurance policies or retirement account beneficiary designations listing the partner as a spouse
• Loan applications or government-benefits forms identifying the relationship as a marriage
• Testimony from family members, friends, coworkers, neighbors, or clergy who regarded the couple as married
• Correspondence, cards, or social media records in which the parties referred to each other as husband, wife, or spouse
• Use of a shared last name
• Birth certificates of children listing both parties as parents with the same last name

No single item is conclusive. Courts assess the totality of the evidence against the requirements of the state where the marriage was allegedly formed.

The 7-year myth

A persistent belief holds that cohabiting for 7 years automatically creates a common law marriage. This is false everywhere in the United States. No state, including the states that still permit common law marriage formation, sets a minimum number of years of cohabitation as a threshold or automatic trigger.

The states that allow common law marriage formation focus on the intent and conduct of the parties: a present mutual agreement to be married, cohabitation in the permitting state, and public representation of the marriage. Duration of cohabitation can be relevant as circumstantial evidence of intent, but no fixed number of years is required.

In Arkansas, this point is especially clear because the state does not allow common law marriage formation at all. No period of cohabitation in Arkansas, whether 7 years or 47 years, creates a legal marriage without a license.

How a common law marriage ends

A valid common law marriage, wherever it was formed, can only be terminated by formal divorce proceedings. There is no such thing as a "common law divorce" and no informal mechanism to dissolve a marriage. Simply separating, dividing property informally, or ceasing to live together does not end a legal marriage.

This has important practical consequences for Arkansas residents. A person with a valid out-of-state common law marriage who moves to Arkansas and "separates" without filing for divorce is still legally married under Arkansas law. Attempting to marry a new partner in Arkansas without obtaining a divorce would create a void or voidable second marriage.

Arkansas divorce proceedings for a valid common law marriage formed in another state follow the same rules as any other Arkansas divorce. The court has jurisdiction over property located in Arkansas, applies Arkansas divorce law, and can issue orders regarding spousal support under Arkansas Code Title 9.

For more on the financial aspects of dissolving a marriage in Arkansas, see Arkansas alimony laws and Arkansas child support laws.

For a state-by-state comparison of common law marriage recognition across all 50 states and DC, see Common law marriage by state.

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Disclaimer: This page provides general legal information about common law marriage recognition in Arkansas and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Arkansas family law attorney for advice about your specific situation.

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Sources

• Arkansas Code section 9-11-107, License required. Arkansas General Assembly. advance.lexis.com (Official Arkansas Code text also at dfa.arkansas.gov)
• Fryar v. Roberts, 346 Ark. 432, 57 S.W.3d 727 (Ark. 2001). Arkansas Supreme Court.
• Arkansas Constitution, Amendment 83 (Marriage Amendment). Arkansas Secretary of State. sos.arkansas.gov
• Obergefell v. Hodges, 576 U.S. 644 (2015). United States Supreme Court. supremecourt.gov
• U.S. Constitution, Article IV, section 1 (Full Faith and Credit Clause). Cornell Legal Information Institute. law.cornell.edu
• Texas Family Code section 2.401, Informal Marriage. Texas Legislature. statutes.capitol.texas.gov

Last updated: June 2, 2026.