Arkansas does not permit the creation of common law marriages within its borders, but the state will recognize valid common law marriages established in other jurisdictions under Ark. Code Ann. § 9-11-107. If you entered a common law marriage in Colorado, Texas, Iowa, Kansas, Montana, or another recognizing state before relocating to Arkansas, you must obtain a formal divorce through Arkansas courts to legally end that marriage. The divorce process requires meeting the 60-day residency requirement, paying the $165 filing fee, and providing evidence that your common law marriage was valid where it was formed.
Key Facts: Common Law Marriage Divorce in Arkansas
| Requirement | Details |
|---|---|
| Filing Fee | $165-$185 (varies by county) |
| Residency Requirement | 60 days to file; 3 months for final decree |
| Waiting Period | 30 days minimum after filing |
| Property Division | Equitable distribution (default 50/50) |
| Common Law Marriage Status | Not recognized if formed in Arkansas |
| Out-of-State Recognition | Yes, under Ark. Code Ann. § 9-11-107 |
| Grounds Available | No-fault (18-month separation) or 8 fault grounds |
Does Arkansas Recognize Common Law Marriage?
Arkansas does not allow couples to create a common law marriage within the state, regardless of how long they live together. Under Arkansas law, a valid marriage requires a marriage license and a formal ceremony performed by an authorized officiant. Living together for 5, 10, or even 30 years does not create a legal marriage in Arkansas. Sharing finances, raising children together, or referring to each other as spouses has no legal effect on marital status when the relationship forms entirely within Arkansas.
However, Arkansas courts will recognize common law marriages that were validly established in other states. Ark. Code Ann. § 9-11-107 explicitly provides that all marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state. The Arkansas Supreme Court affirmed this principle in Brissett v. Sykes, 313 Ark. 515 (1993), establishing that sufficient evidence must exist to prove the common law marriage was valid in the originating state.
States That Currently Recognize Common Law Marriage
As of 2026, only eight jurisdictions in the United States fully recognize common law marriage: Colorado, the District of Columbia, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Texas, and Utah. If you lived in one of these states and met that states requirements for common law marriage before moving to Arkansas, your marriage is likely valid and requires a formal divorce.
Couples who formed common law marriages in states that have since abolished the practice may still have valid marriages. Alabama recognized common law marriages formed before January 1, 2017. Georgia recognized those formed before January 1, 1997. South Carolina recognized common law marriages established before July 24, 2019. Pennsylvania recognized common law marriages created before January 1, 2005. If your relationship began before these cutoff dates and met the states requirements, Arkansas will recognize the marriage.
How to Prove Your Common Law Marriage to Arkansas Courts
Arkansas courts require clear and convincing evidence that your common law marriage was valid in the state where it was formed. The burden of proof falls on the party claiming the marriage exists. Courts examine multiple factors and types of evidence, with no single document being dispositive.
Evidence That Supports Common Law Marriage Claims
Joint tax returns filed as married filing jointly carry significant weight because they represent statements made under penalty of perjury to the federal government. Courts also consider joint ownership of real property (deeds listing both parties as married), joint bank accounts opened as a married couple, and beneficiary designations on life insurance policies, retirement accounts, or pension plans that list the other party as spouse.
Documentary evidence includes lease agreements signed as a married couple, credit applications submitted jointly, health insurance enrollment forms listing a spouse, and medical records showing emergency contact or decision-making authority as a spouse. School enrollment records for children that list both parties as parents in a married household also provide supporting evidence.
Witness testimony from family members, friends, neighbors, and colleagues who observed the couple holding themselves out as married strengthens the case. Evidence of a shared last name, wedding rings worn on ring fingers, and social media posts referring to each other as husband or wife all demonstrate the couples intent to be married.
Texas Informal Marriage Requirements
Texas calls common law marriage an informal marriage and requires proof of three simultaneous elements. First, both parties must agree that they are married. Second, the couple must live together in Texas as spouses. Third, both parties must represent to others that they are married. Unlike the popular myth, no specific duration of cohabitation establishes a common law marriage in Texas. A couple can establish an informal marriage after living together for just one day if the other requirements are met.
Texas couples can alternatively file a Declaration of Informal Marriage with the county clerk, which creates a legally binding record of the marriage. This document significantly simplifies proving the marriage in Arkansas courts during divorce proceedings.
Colorado Common Law Marriage Requirements
Colorado requires that both parties be free to marry, mutually consent to be spouses, cohabit (live together), and present themselves to the public as married. The Colorado Supreme Court updated its common law marriage standards in January 2021, establishing a more flexible totality-of-the-circumstances approach. Express agreements to be married carry significant weight, but courts may also infer marital intent from the couples conduct over time.
Colorado courts consider factors including shared property ownership, joint financial accounts, joint filing of tax returns, reputation in the community as a married couple, and the nature and depth of the couples relationship. Unlike Texas, Colorado does not require all elements to exist simultaneously.
Filing for Divorce From a Common Law Marriage in Arkansas
Once Arkansas recognizes your common law marriage, the divorce process follows the same procedures as any other divorce. You must file a Complaint for Divorce in the Circuit Court, Domestic Relations Division of the county where you reside. The filing fee is $165 in most Arkansas counties, though some counties charge up to $185.
Arkansas Residency Requirements
Arkansas imposes a two-pronged residency requirement under Ark. Code Ann. § 9-12-307. Either the plaintiff or defendant must have been an actual resident of Arkansas for at least 60 days immediately before filing the divorce complaint. Additionally, one spouse must maintain actual residence in Arkansas for three full months before the court can enter a final divorce decree. This means you can file after 60 days, but the divorce cannot be finalized until the three-month residency threshold is reached.
Military members stationed in Arkansas for at least 60 days may file in the county where they are stationed, even if they maintain legal residence elsewhere.
Proving Residency
You must obtain a corroborating witness, someone over 18 who can personally attest to your Arkansas residency, to sign a Resident Witness Affidavit. This witness will provide a sworn deposition confirming your physical presence in the state. Supporting documentation includes your Arkansas drivers license, utility bills in your name at an Arkansas address, lease agreements, mortgage statements, voter registration, and employment records.
Waiting Period
Arkansas imposes a mandatory 30-day waiting period after filing before a divorce can be finalized. Even if both parties agree on all terms, including property division, custody arrangements, and support obligations, no judge will grant a final divorce until this waiting period expires. Combined with the three-month residency requirement for final decree entry, most common law marriage divorces take a minimum of 90 days from filing to completion.
Property Division in Common Law Marriage Divorce
Once Arkansas recognizes your common law marriage, property division follows the states equitable distribution rules under Ark. Code Ann. § 9-12-315. The default rule requires equal division of marital property, with each spouse receiving 50% unless the court finds such division inequitable. If equal division would be unfair, the court must state its specific reasons in the divorce decree.
Factors Courts Consider for Unequal Division
Arkansas courts evaluate several factors when determining whether to deviate from equal division. The estate, liabilities, and needs of each party receive significant consideration. Courts examine each spouses opportunity for further acquisition of capital assets and income, accounting for age, health, education, and employment history. The contribution of each party in acquiring, preserving, or appreciating marital property, including services as a homemaker, factors into the analysis. Federal income tax consequences of property division also influence the courts decision.
Marital vs. Non-Marital Property
Property acquired before the common law marriage began, including property brought to the relationship before the marriage requirements were met, remains the separate property of the original owner. Gifts and inheritances received by one spouse during the marriage are also non-marital property. Property acquired in exchange for pre-marriage assets retains its separate character.
Marital property subject to division includes all property acquired during the marriage by either spouse, regardless of whose name appears on the title. Income earned during the marriage, retirement benefits accrued during the marriage, and appreciation in value of separate property due to marital efforts or funds may all constitute marital property.
Child Custody and Support in Common Law Marriage Divorce
Arkansas courts treat children born to common law married couples the same as children born to formally married couples once the common law marriage is recognized. Since 2021, Arkansas law establishes a rebuttable presumption favoring joint custody. Courts must consider joint custody arrangements before awarding sole custody to one parent.
Child Support Calculations
Arkansas uses the Income Shares Model under Administrative Order No. 10 to calculate child support. This model considers both parents incomes to determine the total child support obligation, then allocates responsibility proportionally based on each parents share of combined income. The formula accounts for the number of children, healthcare costs, childcare expenses, and parenting time arrangements.
Parenting Classes
Arkansas courts require divorcing parents to complete mandatory parenting classes. These classes cost $25 to $100 per parent and must typically be completed before the divorce is finalized. The classes cover co-parenting strategies, minimizing conflict impact on children, and effective communication between divorced parents.
Cost of Divorcing a Common Law Marriage in Arkansas
The total cost of divorcing a common law marriage in Arkansas ranges from $165 for a simple uncontested pro se divorce to $15,000 or more for complex contested cases. The additional burden of proving the common law marriage existed can increase costs if the other party disputes the marriages validity.
Court Filing Fees and Basic Costs
The base filing fee of $165 applies uniformly under Arkansas law, though some counties charge slightly higher fees up to $185. Service of process adds $25 to $75 depending on whether you use the sheriffs office or a private process server. Document copies cost $5 to $10 per set. If your spouse files a counter-petition, expect an additional fee of $100 to $150.
Attorney Fees
Arkansas family law attorneys charge $150 to $400 per hour. An uncontested divorce with attorney assistance typically costs $1,000 to $3,500 total. Contested divorces average $5,000 to $15,000, with highly complex cases involving significant assets or custody disputes potentially exceeding these figures. Proving a disputed common law marriage may require additional attorney time and expert testimony, increasing costs.
Mediation Costs
Arkansas courts may order mediation in contested cases. Court-administered mediation programs charge $150 to $300 per hour, with total costs typically ranging from $1,000 to $2,500 across three to six sessions. Mediators costs are usually split between both spouses.
Fee Waivers
Arkansas residents who cannot afford court fees may petition to proceed in forma pauperis, which waives all filing fees and costs. Automatic qualification applies to individuals receiving SSI, SNAP, TANF, or Medicaid, or those earning at or below 125% of the federal poverty level. For 2026, this threshold is $18,825 annually for a single person or $25,550 for a household of two.
If Your Common Law Marriage Is Not Recognized
When Arkansas courts determine that no valid common law marriage existed, the parties cannot divorce because they were never legally married. This creates significant complications for property division, as Arkansas marital property laws do not apply to unmarried couples.
Property Rights for Unmarried Couples
Without a recognized marriage, property ownership is determined by the name on the title or deed. An unmarried partner has no automatic ownership rights to property titled solely in the other partners name, even if they contributed financially to its purchase or improvement. Joint property requires both names on the title or a separate written agreement establishing shared ownership.
Protecting Your Interests
Unmarried couples in Arkansas should create cohabitation agreements that clearly outline property ownership, financial responsibilities, and debt allocation. These contracts provide legal protection that unmarried couples otherwise lack. Wills and estate planning documents ensure property passes according to your wishes rather than Arkansas intestacy laws, which do not recognize unmarried partners.
Child Custody Without Marriage
Children born to unmarried parents require separate paternity establishment if the father is not listed on the birth certificate. Once paternity is established, either parent can file for custody and child support through Arkansas family court. The same custody standards and child support calculations apply regardless of the parents marital status.
Spousal Support (Alimony) in Common Law Marriage Divorce
Arkansas courts may award alimony in common law marriage divorces just as in traditional divorces. Courts consider the length of the marriage, each spouses earning capacity, the standard of living during the marriage, and the financial resources of each party. Arkansas recognizes temporary alimony during divorce proceedings and rehabilitative alimony to help a spouse gain education or job training.
Frequently Asked Questions
Does living together for 7 years create a common law marriage in Arkansas?
No. Arkansas does not recognize common law marriage regardless of how long couples live together. Living together for 7 years, 10 years, or any duration does not create a legal marriage in Arkansas. You must obtain a marriage license and have a ceremony performed by an authorized officiant to be legally married under Arkansas law.
Can I get divorced in Arkansas if I have a common law marriage from Texas?
Yes. Arkansas recognizes valid common law marriages formed in other states under Ark. Code Ann. § 9-11-107. You must prove your Texas informal marriage met Texas requirements: mutual agreement to marry, cohabitation in Texas, and holding out as married to others. Once proven, the divorce process follows standard Arkansas procedures with a $165 filing fee.
What evidence do I need to prove my common law marriage in Arkansas court?
Arkansas courts require evidence that your marriage met the originating states requirements. Key evidence includes joint tax returns filed as married, property deeds showing married status, joint bank accounts, beneficiary designations naming the spouse, and witness testimony from people who observed you holding out as married. A Texas Declaration of Informal Marriage provides definitive proof.
How much does it cost to divorce a common law marriage in Arkansas?
Arkansas common law marriage divorce costs range from $165 for a pro se uncontested divorce to $15,000+ for contested cases. The base filing fee is $165-$185. Service of process adds $25-$75. If the marriage validity is disputed, additional attorney fees and expert testimony may be required. Attorney fees range from $150-$400 per hour.
How long does a common law marriage divorce take in Arkansas?
A minimum of 90 days from filing to final decree. Arkansas requires 60 days of residency before filing, a 30-day waiting period after filing, and three months of total residency before the court can enter a final decree. Contested divorces or disputes about the common law marriages validity can extend the timeline to 12 months or longer.
What happens to property if Arkansas doesnt recognize my common law marriage?
If no valid common law marriage existed, Arkansas property division laws do not apply. Property goes to whoever holds title. Jointly titled property may require a partition action in civil court rather than family court. You cannot receive alimony, and you have no automatic inheritance rights. Creating a cohabitation agreement before separation provides the strongest protection.
Can I receive alimony from a common law marriage divorce in Arkansas?
Yes. Once Arkansas recognizes your common law marriage, all standard divorce provisions apply, including alimony eligibility. Courts consider the marriages length, each spouses earning capacity, the marital standard of living, and financial resources. Arkansas awards temporary alimony during proceedings and rehabilitative alimony for education or job training.
Do I need a lawyer to divorce my common law spouse in Arkansas?
You are not required to have a lawyer, but legal representation is advisable, especially if the common law marriages validity may be disputed. Proving the marriage met another states requirements involves presenting evidence and legal arguments. Arkansas allows pro se divorce filings, but proving a disputed common law marriage without legal assistance is challenging.
What if my common law spouse denies we were ever married?
You must prove the common law marriage existed through evidence presented to the court. The burden of proof falls on the party claiming the marriage. Gather documentation including joint tax returns, property records, witness statements, and any other evidence demonstrating both mutual consent to be married and holding out as married to others. A contested hearing will determine whether the marriage was valid.
Does Arkansas recognize common law marriages from states that no longer allow them?
Yes. If you formed a valid common law marriage before a state abolished the practice, Arkansas will recognize that marriage. Alabama marriages formed before January 1, 2017, Georgia marriages before January 1, 1997, South Carolina marriages before July 24, 2019, and Pennsylvania marriages before January 1, 2005 remain valid if they met the states requirements at the time of formation.
Next Steps for Common Law Marriage Divorce in Arkansas
If you have a common law marriage from another state and now live in Arkansas, consult with a family law attorney to assess whether your marriage meets the originating states requirements. Gather all available evidence of your common law marriage, including joint tax returns, property documents, and witness contact information. Ensure you meet Arkansas 60-day residency requirement before filing. The $165 filing fee applies regardless of whether your marriage was formal or common law, and the divorce process follows standard Arkansas procedures once the courts jurisdiction is established.