Arkansas

Family Law

Family Law

Section 9-11-102 – [Effective 90 days after sine die adjourement] Minimum age – parental or guardian consent – definition

(a) Every male who is at least eighteen (18) years of age and every female who is at least eighteen (18) years of age shall be capable in law of contracting marriage.
(b)

(1) However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection.
(2) As used in subsection (b) of this section, “contracting party” means a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years.
(3) Before a marriage license may be issued under this subsection, a contracting party shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage.

(4) The consent of both parents of a contracting party is necessary unless:

(A) The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other;
(B) The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or
(C) A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient.
(5) The consent of the parent or guardian may be voided by the order of a circuit court on a showing by clear and convincing evidence that:

(A) The parent or guardian is not fit to make decisions concerning the contracting party; and
(B) The marriage is not in the contracting party’s best interest.
(6) There shall be a waiting period of five (5) business days for a marriage license issued under this subsection.
(7) If a contracting party has a pending case in a circuit court, a parent or guardian who files consent under this subsection shall immediately notify the circuit court and all parties and attorneys to the pending case.

Ark. Code § 9-11-102

Amended by Act 2021, No. 470,§ 2, eff. 90 days after sine die adjourement.
Amended by Act 2019, No. 849,§ 1, eff. 7/24/2019.
Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope’s Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 1; 2008 (1st Ex. Sess.), No. 3, § 1; 2009, No. 956, § 4
This section is set out more than once. See also Ark. Code § 9-11-102, effective until 90 days after sine die adjourement.