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9-11-211. Military personnel — Waiver of certain license requirements — Proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-211. Military personnel — Waiver of certain license requirements — Proceedings.
(a)(1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210, and the consent of parents, as required by §§ 9-11-102 — 9-11-105. The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces.
(2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.
(b)(1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled “In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America”.
(2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached.
(3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit.
(4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card.
(5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk.
(c) The county courts of this state for the purpose of this section shall be open and in session during regular office hour
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-211
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:9-11-211
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c458ef8562316d9e2398670b528d42c44784bb5e1420995fb138ae2ab666d01f
Source location: content.xml paragraph 3832
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9-11-211. Military personnel — Waiver of certain license requirements — Proceedings.
(a)(1) Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by § 9-11-210, and the consent of parents, as required by §§ 9-11-102 — 9-11-105. The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces.
(2) Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.
(b)(1) The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled “In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America”.
(2) The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached.
(3) The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit.
(4) The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card.
(5) The parties will be required to execute the notice of intention to wed as prescribed by § 9-11-205 and file the notice with the county clerk.
(c) The county courts of this state for the purpose of this section shall be open and in session during regular office hours.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-102. Minimum age — Parental consent — Definition.
(a) Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of seventeen (17) years shall be capable in law of contracting marriage.
(b)(1)(A) However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.
(B) As used in subdivision (b)(1)(A) of this section, “satisfactory evidence” means a verified affidavit signed in the presence of a notary that states that the parent or parents or guardian of the minor consents to the marriage.
(2)(A) The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one (1) of the parents exclusive of the other, or unless the custody of the child has been surrendered by one (1) of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.
(B) The consent of the parent may be voided by the order of a circuit court on a showing by clear and convincing evidence that:
(i) The parent is not fit to make decisions concerning the child; and
(ii) The marriage is not in the child's best interest.
(c) There shall be a waiting period of five (5) business days for any marriage license issued under subdivision (b)(2) of this section.
(d) If a child has a pending case in the circuit court, a parent who files consent under subsection (b) of this section shall immediately notify the circuit court, all parties, and attorneys to the pending case
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-105. Marriage of underage parties voidable.
(a) The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable.
(b) All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are declared to be voidable only and shall be valid for all intents and purposes unless voided by a court of competent jurisdiction.
(c) All marriages contracted between July 30, 2007, and April 2, 2008, in which one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are voidable only and are valid for all intents and purposes unless voided by a court of competent jurisdiction.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-205. Notice of intention to wed — Noncompliance, penalties, and effect.
(a) No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained.
(b) The notice shall state the name, age, and address of both parties desiring to wed.
(c) The county clerk shall verify the age of both parties and may treat birth certificates as prima facie proof of age.
(d) The notice of intention to wed referred to in this section shall be filed with the county clerk of the county where the marriage license is obtained.
(e) The county clerk may destroy the notice of intention to wed one (1) year after the date of its issuance.
(f) Upon the failure on the part of the county clerk or any other person to comply with the provisions of this section, he or she shall be adjudged guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(g) No marriage shall be void for failure to comply with the provisions of this section.
(h) If applicable, the notice of intention to wed shall contain the declaration of intent for a covenant marriage as provided in the Covenant Marriage Act of 2001, § 9-11-801 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-210. Bond of applicant.
(a) Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying have a lawful right to the license and that they will faithfully carry into effect and comply with the provisions of this act.
(b) The bond shall be void when the license is duly returned to the office of the county clerk, duly executed and officially signed by someone authorized by law to solemnize the rites of matrimony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-210. This identifies an authority to review, not proof of applicability.