Arkansas Wedding Laws

Written and updated for precision by the Arkansas marriage law research team at GetOrdained™ on February 06, 2023

As with most states, Arkansas takes marriage seriously and regulates the act with state-specific statutes. While it might feel overwhelming to consider the laws overseeing marriage licenses, marriage ceremonies, and officiation, we have put together a comprehensive guide to ensure you learn everything you need to perform or participate in a legal and recognized wedding. The following guide will inform and instruct you of the rules you must follow as ministers or couples.

How to Become a Wedding Officiant in Arkansas

Min. Age of Minister:: Age 18
Residency:: Not Required
Document(s) Required:: Credentials of Ministry
Online Ordination Recognized:: Yes
Relevant Office of Registration:: County Clerk
Latest Document(s) Submission Date Allowed:: Before Ceremony
Minister I.D. # Issued:: Yes

Become Ordained

In Arkansas, all marriage officiants must be at a minimum of 18 years of age. The officiant is not required to live within the state, meaning a couple can request a minister from another state or country.

While the state is flexible on who can preside over a ceremony, it does require all ministers to show documentation to verify their status and standing within the ordaining body. Therefore, it is recommended that all ULC ministers, upon the completion of their online ordination, obtain an official credential of ministry from ULC. The county clerk will likely ask for this document before granting a license or registering it.

While an official ULC credential is often enough for verification purposes, it is always recommended to contact the clerk’s office and ask about the verification process and what documents are necessary. The county clerk is the individual with the most up-to-date information and can provide any pertinent details about the requirements of a minister. The documents the clerk provides will likely contain a ministerial registration number, which could be needed later when filling out paperwork, so keep it close.

The ULC recommends all newly ordained ministers obtain an official ordination credential at a minimum. However, Arkansas might require more from registering ministers, such as a letter of good standing. Because of the many requirements, it is also recommended that ministers get an early start in the registration and paperwork process, ensuring adequate time before the ceremony.

Show Relevant Legal Excerpt

A.C.A. § 9-11-213. Persons who may solemnize marriages.

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons:

(1) The Governor;

(2) Any former justice of the Supreme Court;

(3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more;

(4) Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55;

(5) Any regularly ordained minister or priest of any religious sect or denomination;

(6) The mayor of any city or town;

(7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or

(8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years.

A.C.A. § 9-11-214. Recordation of credentials of clerical character.

(a) No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his or her license or credentials of his or her clerical character in the office of the county clerk of some county in this state. The minister or priest must also have obtained from the clerk a certificate, under his or her hand and seal, that the credentials are duly recorded in his or her office.

(b) It shall be the duty of a minister of the gospel or priest to add to the certificate of marriage required by law a statement setting forth the county where and the time when his or her license or credentials were so recorded.

(c) Any minister of the gospel, priest of any religious sect or denomination, or any person purporting to be such, who shall solemnize the rites of matrimony contrary to the provisions of this section, shall be deemed guilty of a misdemeanor. On conviction he or she shall be fined in any sum not less than one hundred dollars ($100).

Getting Married in Arkansas

Marriage By Proxy Allowed:: No
Minister Required to be Present:: Yes
Number of Witnesses Required:: None
Min. Age of Witnesses:: Not Applicable
Couple's Consent Required:: Yes
Pronouncement Required:: Yes

Arkansas does not allow proxy weddings, meaning that all parties must be physically present at the service. As a change from many other states, Arkansas does not require a witness to the ceremony, meaning the service can be legally binding with only three people: both members of the couple and the officiant.

While there is flexibility in the ceremony, allowing the couple to customize the service to suit their desires and personality, every wedding must contain two integral components to be legally binding: the proclamation and the pronouncement. The proclamation is the part of the service when both parties of the couple provide verbal consent to the union, typically known as the “I do” portion. The pronouncement is when the officiant announces the couple is married.

Show Relevant Legal Excerpt

A.C.A. § 9-11-215. Marriage ceremony.

(a) When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he or she belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most appropriate.

(b) It shall be lawful for religious societies who reject formal ceremonies to join together in marriage persons who are members of the society according to the forms, customs, or rites of the society to which they belong, with the exception that the requirements set forth in the Covenant Marriage Act of 2001, § 9-11-801 et seq., shall be complied with if the parties enter into a covenant marriage.

How to Get an Arkansas Marriage License

Who Picks Up License:: The Couple
Where License is Valid:: Any County in Arkansas
Marriage License Pick-Up:: In Person Only
Cost of License:: $60.00
Accepted I.D. Types:: Photo ID
Proof of Divorce Required (If Applicable):: No
Blood Test Required:: No

To obtain a marriage license in Arkansas, you will need to bring some form of identification, typically something with a photo, like a driver’s license. Additionally, there is currently a fee of $60 to receive the license.

A couple can go to any county clerk to pick up a marriage license, which allows them to marry anywhere in the state. However, the license must be returned to the same clerk’s office.

Blood tests were once a requirement in the state. Today, the state no longer requires such tests to receive a marriage license.

Show Relevant Legal Excerpt

A.C.A. § 9-11-203. Issuance by clerks.

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon:

(1) Application's being made;

(2) Being fully assured that applicants are lawfully entitled to the license; and

(3) Receipt of his or her fee.

(b) It shall be lawful for clerks of the circuit courts to issue marriage licenses in counties having two (2) judicial districts.

A.C.A. § 9-11-206. Clerk's fees.

The fee prescribed by law for the issuance of the marriage license shall be paid to the clerk at the time the applicants apply for the marriage license and sign the notice of intention to wed.

Applying For a Marriage License in Arkansas

ULC-Officiated Ceremony Type:: Religious
Mandatory Waiting Period:: None
License Valid For:: 60 Days
License Must Be Submitted:: By Expiration

When a couple applies for a marriage license, they will have the option for a civil or religious ceremony. Depending on religious affiliations, a couple might be tempted to select the civil option because they do not intend on having religious representation at the ceremony. While this is a fine selection if using a judge, justice of the peace, or someone of similar authority, it will not work for weddings overseen by a ULC minister. The couple will need to select the religious option, regardless of the presence of religious elements at the ceremony.

In most cases, there is no waiting period between the issuance of a marriage license and a wedding ceremony, meaning the couple could potentially wed on the same day. However, despite the incredible flexibility, if the couple is underage, the state does require a five-day waiting period before the license is issued.

The marriage license is valid for 60 days. Whether the license is used or not within that window, it must be returned to the county clerk of issuance.

Show Relevant Legal Excerpt

A.C.A. § 9-11-218. Return of executed license to clerk — Effect on bond.

(a) Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license.

(b)

(1) If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void.

(2) Otherwise, it shall remain in full force and effect.

There is a waiting period of five business days for all underage (under 18 years of age) applications for marriage licenses.

Arkansas Marriage Requirements

Min. Age of Couple:: Age 18 or Age 17 with Guardian Consent
Residency:: Not Required
Min. Distance of Kin Allowed:: Second Cousins
Marriage Equality:: Yes

As a couple looking to wed in Arkansas, there are a few things you should be aware of. The state requires each party be of legal age, 18 or older, to marry. However, exceptions can be made for 17-year-old minors with parental consent.

While some states might have residency requirements, Arkansas does not. Therefore, all are welcome to hold weddings in the state, even out-of-state or out-of-country residents. Also, as with all states in the US, Arkansas honors marriage equality, meaning same-sex couples can wed and be legally recognized as married.

Show Relevant Legal Excerpt

§ 9-11-102. Minimum age — Parental consent — Definition.

(a) Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of seventeen (17) years shall be capable in law of contracting marriage.

(b)

(1)

(A) However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.

(B) As used in subdivision (b)(1)(A) of this section, “satisfactory evidence” means a verified affidavit signed in the presence of a notary that states that the parent or parents or guardian of the minor consents to the marriage.

(2)

(A) The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one (1) of the parents exclusive of the other, or unless the custody of the child has been surrendered by one (1) of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.

(B) The consent of the parent may be voided by the order of a circuit court on a showing by clear and convincing evidence that:

(i) The parent is not fit to make decisions concerning the child; and

(ii) The marriage is not in the child's best interest.

(c) There shall be a waiting period of five (5) business days for any marriage license issued under subdivision (b)(2) of this section.

(d) If a child has a pending case in the circuit court, a parent who files consent under subsection (b) of this section shall immediately notify the circuit court, all parties, and attorneys to the pending case.

A.C.A. § 9-11-103. Minimum age — Exception.

(a)

(1) If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made.

(2) Evidence shall be submitted as to:

(A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;

(B) The birth certificates of both parties; and

(3) Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties.

Finalizing the Union

Officiant's Title on Marriage License:: Minister
Church/Ordaining Body:: Universal Life Church Ministries
Address of Church:: Minister's Home Address

To complete the wedding ceremony, the officiant and couple will need to complete the form. There will be a blank space asking for the officiant’s name; provide a full legal name without titles. Sometimes there will be an additional space for the title, which is where the officiant places “minister.” If asked, the ordaining body is Universal Life Church Ministries. Where asked for the church address, place the personal address of the minister. Finally, there will be spaces for the couple to sign.

The license needs to be returned to the clerk’s office that issued it by the expiration date, 60 days from issuance. It is also crucial to ensure there are no errors in the document. Failure to return the document within 60 days or returning it with errors might result in fees or penalties.

All ULC ministers should keep a personal record of all ceremonies they perform in case questions arise later. This is especially important when a minister is paid for their service or under contract.

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