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What are Arkansas’s common-law marriage rules?

You might have heard people say, “We’re married by common law.” But does Arkansas actually recognize that? If you live in Arkansas or plan to move here, it helps to understand how the state views these types of relationships.

Arkansas does not recognize common-law marriage

In Arkansas, you can’t form a new common-law marriage. Even if you’ve lived together for years, shared bills, or introduced each other as spouses, none of that creates a legal marriage in this state. The law requires a marriage license and a formal ceremony to make it official.

Out-of-state common-law marriages may be recognized

If you legally established a common-law marriage in a state that allows it, Arkansas might recognize that relationship. Courts generally respect legal contracts from other states. So, if you met that state’s requirements before moving to Arkansas, your marriage could still be valid here. You’ll likely need to show evidence like shared property, joint tax returns, or legal documents listing both names.

Legal marriage offers more protections

Legal marriage provides clear benefits, especially when it comes to property rights, healthcare decisions, and inheritance. Without a legal marriage, you might not have access to a partner’s medical info or be protected during a breakup. Arkansas laws don’t give unmarried couples the same rights as married ones, no matter how long they’ve been together.

Why this matters for couples in Arkansas

If you’re in a long-term relationship and want the benefits that come with marriage, it’s important to make it official under Arkansas law. Simply living together won’t grant you those rights. A legal marriage helps protect both people and makes sure the state sees you as a couple in the eyes of the law.