Understanding Common Law Marriage in Arkansas
A common law marriage is one based upon the couple’s actions, in situations where a couple want to be married but don’t want to go through the usual legal process of obtaining a marriage license and getting married. Once two people agree to be married under common law, they are immediately married under the law and are entitled to the marital rights and privileges. This may include the right to simply hold themselves out as married in a social setting; nevertheless, the rights and privileges from a common law marriage are very real.
Does Arkansas have common law marriages? In Arkansas, the statute that abrogated common law marriages was enacted in the year 1907. The Arkansas Supreme Court recently decided that even upon the abrogation of common law marriages by statute, the common law marriages recognized in Arkansas prior to 1907 are still valid. Thus, if you are concerned whether your relationship is legally recognized under the law with respect to your marital status, it is best to confirm your marital status instead of simply assuming that a common law marriage exists. For instance, some couples may be celebrating their relationship by the pool or patio outside this summer. However, some relationships become strained due to the lack of understanding of what the public may believe to be true. Thus, before planning a party by the pool or patio, it is best to know whether your relationship is legally recognized under the law. According to the in depth guide on whether Arkansas recognizes common law marriage, understanding your legal standing is crucial.
Other Options for Legal Recognition of a Relationship: It is important to know that in Arkansas there are other legal recognition that may refer to a “plausible” relationship between two people. Unlike common law marriages, the exception to this statute is the domestic partnership. Under the law, the state recognizes domestic partnerships. The difference, however, is that a domestic partnership is not grounded in the law of a marriage, but is meant to provide the merits and benefits of marriage without being legally married.
It is best to seek the advice and counsel of an attorney if you are unsure about whether your relationship is legally recognized.
If you have been living together in Arkansas prior to the year 1907, there may be some recourse for your relationship in the context of a common law marriage. If you understand that your relationship is not defined as marriage under the law, you can still celebrate your relationship with life’s celebrations by the pool or patio.