You’ve lived together for ten years. You share a bank account, your neighbors call you "Mr. and Mrs.," and you even have a shared Costco membership. In your mind, you’re married. But if you’re living in the Natural State, the law has a very different opinion. Honestly, there is a massive amount of confusion floating around regarding common law marriage in Arkansas, and most of it could land you in a legal mess if you aren’t careful.
Arkansas is one of the many states that flat-out does not allow you to "drift" into a marriage just by staying under the same roof for a long time.
There is no magic number of years—not seven, not ten, not twenty—that suddenly makes you a spouse in the eyes of the Little Rock courts. If you didn't get a license and have someone say "I do" over you, you're essentially legal strangers. That sounds harsh, but it's the reality of Arkansas Code Title 9.
The One Weird Exception to the Rule
Now, here is where it gets kinda trippy. Even though you can't start a common law marriage while living in Fayetteville or Hot Springs, Arkansas might still have to recognize you as married.
How? Through something called "Full Faith and Credit."
Basically, if you and your partner lived in a state that does allow common law marriage—like Texas, Kansas, or Oklahoma—and you met that state's specific requirements to be married there, Arkansas will generally respect that union if you move here. You were legally married in the eyes of your previous state, so Arkansas treats you as legally married here.
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What counts as a "valid" out-of-state marriage?
It’s not enough to just say you lived in Tulsa for a summer. To get Arkansas to recognize an out-of-state common law marriage, you usually have to prove:
- You lived in a state that actually allows common law unions.
- You both had the intent to be married.
- You "held yourselves out" as married (signed tax returns together, told people you were spouses).
- You had the legal capacity (you weren't already married to someone else).
If you can't prove those things happened while you were in that other state, you’re back to square one. You're just roommates with a lot of history.
Why "Basically Married" Isn't Enough in Arkansas
Living together without the paperwork feels fine until something goes wrong. We’ve seen cases where couples split after twenty years, and one partner walks away with everything because the other had no legal claim to the property.
In a traditional divorce, a judge splits assets "equitably." If you aren't married, there is no "divorce." There is just a breakup.
If the house is in his name, it’s his house. If the car is in her name, it’s her car. Arkansas courts won't treat your breakup like a divorce because, legally, there was no marriage to dissolve. You don't get alimony. You don't automatically get half the 401(k).
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What about the kids?
This is a huge point of stress. In Arkansas, if a child is born to unmarried parents, the mother automatically has legal and physical custody. It doesn't matter if the father's name is on the birth certificate.
For a father to get rights in this situation, he has to proactively petition the court for paternity and custody or visitation. It’s a whole extra layer of legal hoops that married fathers don't have to jump through.
The "Covenant Marriage" Curveball
While we're talking about weird Arkansas marriage laws, we have to mention Covenant Marriages. Since 2001, Arkansas has offered this "marriage plus" option. It requires pre-marital counseling and makes it much harder to get a divorce later on.
It’s the polar opposite of a common law marriage. While common law is informal and accidental, a Covenant Marriage is formal and intentionally difficult to break. If you’re looking for legal security, this is the "final boss" version of a marriage license in this state.
Protecting Yourself Without a Ring
So, you don't want to get married, but you want the protection. You can actually "hack" the system using basic contract law.
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Since common law marriage in Arkansas isn't a thing, you have to build your own safety net. Many couples use "Cohabitation Agreements." It’s basically a pre-nup for people who aren't getting married. You sit down, write out who owns what, and decide what happens to the house if you split up.
Essential documents for the unmarried:
- Durable Power of Attorney: This lets your partner make financial decisions for you if you’re incapacitated.
- Healthcare Proxy: Without this, a hospital might not even let your partner into the ICU to see you because they aren't "family."
- A Will: If you die without a will in Arkansas, your stuff goes to your "heirs at law"—parents, siblings, kids. Your partner of 30 years gets zero. Nothing. The state doesn't care about your "commitment" if it isn't on paper.
Real-World Reality Check
I remember a story—purely for illustration—of a couple in Northwest Arkansas who shared a farm for nearly forty years. They never married because they thought "common law" would protect them. When he passed away without a will, his estranged nephews, whom he hadn't spoken to in decades, inherited the farm. The partner was evicted from her own home within months.
That is the danger of relying on a law that doesn't exist.
Arkansas is a very traditional state when it comes to the "sanctity of marriage." The legislature has made it pretty clear they want people to use the formal process. Even the Arkansas Constitution (via Amendment 83) has historically reinforced that only specific types of unions get the state's blessing.
Common Law Marriage in Arkansas: Actionable Steps
If you’ve been relying on the idea of common law marriage, it’s time to stop. Here is how you actually protect your life and your partner in the Natural State:
- Check your deed: If you bought a house together, make sure both names are on it as "joint tenants with right of survivorship." That way, if one of you dies, the other gets the house automatically.
- Update your beneficiaries: Check your life insurance and 401(k). These pay out to whoever is named on the form, regardless of whether you're married or what your will says.
- Get a "Power of Attorney": This is the single most important document for unmarried couples. It gives you the legal standing that a marriage license would otherwise provide in a medical emergency.
- Consider a "Commitment Ceremony" with a license: If you want the legal rights, just go to the county clerk. It costs about 60 bucks. Compared to the thousands you'd spend on lawyers trying to prove an out-of-state common law marriage, it's a steal.
Don't let the "seven-year myth" ruin your financial future. Arkansas is beautiful, but its legal system is rigid. If you want the rights of a spouse, you have to play by the state's rules—and that means getting the paperwork filed.
Legal Disclaimer: This information is for educational purposes and does not constitute legal advice. Laws can change, and you should always consult with a licensed Arkansas family law attorney regarding your specific situation.