Cousin marriage is a controversial topic in many parts of the world. In Arkansas, the legality of cousin marriage is a subject of interest.
Arkansas is one of the few states in the United States that does not explicitly prohibit cousin marriage.
However, there are certain legal requirements that must be met before the marriage can take place.
Legal age for marriage in Arkansas is 18 years. However, if the person is 16 or 17 years old, they can get married with parental consent.
It is important to note that even with parental consent, the couple cannot marry if they are closely related. In Arkansas, first cousins can legally marry, but there are certain restrictions in place.
Key Takeaways
- Arkansas does not explicitly prohibit cousin marriage.
- First cousins can legally marry in Arkansas, but there are certain restrictions in place.
- Parental consent is required for minors to get married in Arkansas.
Legal Age for Marriage in Arkansas
In Arkansas, anyone who is 18 years old or older may get married if they are otherwise eligible to do so.
However, people as young as 17 years old may get married with parental consent.
According to Arkansas marriage laws, the minimum age for marriage is 17 years old.
If an individual is under the age of 18, they must obtain parental consent before getting married.
If one or both of the individuals getting married are under the age of 17, then a court order must be obtained in addition to parental consent.
It is important to note that parental consent alone does not make a marriage legal in Arkansas.
The individuals must also meet other eligibility requirements, such as not being closely related.
Overall, while the minimum age for marriage in Arkansas is 17 years old, parental consent and court orders may be required for individuals who are younger than 18 years old.
Arkansas Marriage Laws
In Arkansas, marriage is considered a legal contract between two individuals.
The Arkansas marriage laws cover various aspects of marriage, including the issuance of marriage licenses, the execution of marriage contracts, and the validity of foreign marriages.
Marriage License
In Arkansas, couples must obtain a marriage license from the county clerk’s office before they can get married.
The license is issued upon the notice of intention to wed and payment of the fee. The fee is determined by the county where the license is issued.
The license is valid for 60 days and must be used within that time period.
Requirements for Marriage
Arkansas marriage laws require both parties to be at least 18 years old to get married. If either party is under 18, they must obtain parental consent or a court order.
The parties must be sober when they apply for the license, and the license will not be issued to persons of the same sex.
Execution of Marriage Contract
The marriage contract must be executed in the presence of an authorized person, such as a judge or a clergy member.
The contract must be acknowledged or proved, and the clerk must record it in the marriage record book.
The contract or a copy of it can be used as evidence in court.
Validity of Foreign Marriages
Arkansas recognizes marriages that are validly performed in other states or countries.
However, if the marriage would be considered incestuous or bigamous in Arkansas, it will not be recognized.
Marriages Performed by Mayors
Mayors of cities and towns in Arkansas may perform marriages within their jurisdiction. However, they must be authorized by the county clerk to do so.
Marriages Solemnized Out of County
If a couple wants to get married outside of the county where they obtained their license, they must obtain a certificate of permission from the county clerk.
Marriage Before Entry of Divorce Decree
Arkansas marriage laws prohibit individuals from getting married before the entry of a final divorce decree.
In summary, Arkansas marriage laws cover various aspects of marriage, including the issuance of marriage licenses, the execution of marriage contracts, and the validity of foreign marriages.
Couples must meet certain requirements to get married, and the marriage contract must be executed in the presence of an authorized person.
Arkansas recognizes marriages that are validly performed in other states or countries, but it prohibits individuals from getting married before the entry of a final divorce decree.
Incestuous Marriages
In Arkansas, certain marriages are considered incestuous and absolutely void.
According to Arkansas Marriage Laws, § 9-11-106, all marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous.
This means that first cousins cannot marry in Arkansas, as it is considered an incestuous marriage and is absolutely void.
However, other more distant relationships, such as first cousins once removed, are allowed.
It is important to note that entering into an incestuous marriage in Arkansas is not only void, but it is also punishable by law.
According to the same Arkansas Marriage Law, § 9-11-106, any person who knowingly enters into an incestuous marriage or who knowingly solemnizes an incestuous marriage is guilty of a Class D felony.
Incestuous marriages are considered taboo in many cultures and are often stigmatized. While first cousin marriages are legal in some states in the United States, they are prohibited in others.
As of February 2014, 24 U.S. states prohibit marriages between first cousins, 19 U.S. states allow marriages between first cousins, and seven U.S. states allow only some marriages between first cousins. Six states prohibit first-cousin-once-removed marriages.
Overall, it is important to understand the legalities and cultural beliefs surrounding incestuous marriages and to abide by the laws of the state in which one resides.
Exceptions to Incestuous Marriages
In Arkansas, all marriages between parents and children, grandparents and grandchildren, siblings of the half and whole blood, uncles and nieces, and aunts and nephews are considered incestuous and absolutely void.
This means that these marriages are not recognized by law and are not legally binding.
However, there are exceptions to this rule.
First cousins once removed and more distant relationships are allowed to marry in Arkansas.
The Arkansas Supreme Court has even ruled that an out-of-state marriage between first cousins was valid when they returned to the state.
It is important to note that while first cousin marriage is not considered incestuous in Arkansas, it is still illegal in some states.
As of February 2014, 24 U.S. states prohibit marriages between first cousins, 19 U.S. states allow marriages between first cousins, and seven U.S. states allow only some marriages between first cousins. Six states prohibit first-cousin-once-removed marriages.
Half-cousins, or those who share only one grandparent, are also allowed to marry in Arkansas.
Second cousins and more distant relatives are not considered incestuous and are allowed to marry anywhere in the United States.
It is important to follow all state laws and regulations when considering marriage between relatives.
It is also important to seek legal advice before entering into any marriage, especially when it involves a close relative.
Out-of-State and Foreign Marriages
Arkansas recognizes out-of-state and foreign marriages, including those between first cousins, as long as they were valid in the jurisdiction where they were performed.
For example, an out-of-state marriage between first cousins was deemed valid by the Arkansas Supreme Court when the couple returned to the state.
It is worth noting that the legality of cousin marriage varies from state to state in the United States.
For instance, while Arkansas allows first cousin marriages, some states such as Kansas, Louisiana, and Arizona prohibit such unions.
On the other hand, California, Delaware, Florida, Maine, Massachusetts, New York, and many other states permit first cousin marriages.
Regarding foreign marriages, Arkansas recognizes them as long as they were validly performed under the laws of the country where they occurred.
However, it is important to note that foreign marriages between close relatives, including first cousins, may not be recognized in some states.
In summary, Arkansas recognizes out-of-state and foreign marriages, including those between first cousins, provided they were validly performed in the jurisdiction where they occurred.
While some states prohibit first cousin marriages, many others permit them. It is important to consult the laws of each state before considering a marriage between close relatives.
Penalties for Violation of Marriage Laws
In Arkansas, it is illegal for first cousins to marry, as it is considered incestuous and absolutely void [1]. Violation of this law is a Class D felony, punishable by imprisonment for up to six years, a fine of up to $10,000, or both [1].
Marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews are also considered incestuous and void [1].
Violation of this law is a Class C felony, punishable by imprisonment for up to ten years, a fine of up to $10,000, or both [1].
If a person misrepresents their age to obtain a marriage license, they are committing a misdemeanor offense [1].
The penalty for this offense is a fine of up to $100, imprisonment for up to 30 days, or both [1].
If a person fails to sign and return the license at the time of marriage, they can be fined up to $50 [1]. If a person makes a false return or record of the marriage, they can be fined up to $500 [1].
In cases where a marriage is contracted through fraud or force, the injured party may recover damages in a civil suit [1].
In the event of a violation of marriage laws, the case is tried by a jury [1].
Overall, it is important to follow the marriage laws in Arkansas to avoid legal consequences.
[1] Source: https://theamm.org/marriage-laws/arkansas/309
Parental Consent for Marriage
In Arkansas, there are certain laws that govern the age at which a person can legally get married. According to Arkansas Code § 9-11-102, every male who has reached the age of 17 and every female who has reached the age of 17 is capable of contracting marriage.
However, if a person is under the age of 18, they will need to obtain parental consent before they can get married.
The law requires that the parents of the minor must give their written consent for the marriage to take place.
If a minor’s parents are deceased or cannot be located, then a legal guardian or custodian can provide the necessary consent.
In cases where the parents or guardians refuse to give consent, a judge can grant permission for the marriage to take place if he or she deems it to be in the best interest of the minor.
It is important to note that parental consent is required even if the minor has already been legally emancipated.
Emancipation is a legal process that allows a minor to become independent of their parents or guardians, but it does not give them the right to get married without parental consent.
In summary, if a person under the age of 18 wishes to get married in Arkansas, they must obtain written permission from their parents or legal guardians.
If the parents or guardians refuse to give consent, a judge can grant permission in certain circumstances.
Divorce and Annulment
In Arkansas, a couple can end their marriage through divorce or annulment.
Divorce is the legal process of ending a marriage, while annulment is the legal process of declaring a marriage null and void, as if it never happened.
To file for divorce in Arkansas, one of the parties must have lived in the state for at least 60 days before filing.
The grounds for divorce include adultery, cruelty, conviction of a felony, and incurable insanity.
Arkansas also recognizes no-fault divorce, where the parties have irreconcilable differences.
In a divorce, the court may grant alimony, divide property, and make determinations about child custody and support.
In contrast, annulment is only available in specific circumstances. An Arkansas judge can declare a marriage null and void and annul it by court order.
Grounds for annulment include fraud, duress, mental incapacity, and consanguinity. Consanguinity refers to marriages between close relatives, such as cousins.
In Arkansas, marriages between first cousins are allowed, but only if both parties are over 16 years old or if the female party is over 50 years old.
If a couple separates but does not want to end their marriage, they can file for a legal separation.
Legal separation involves similar legal processes as divorce, such as dividing property and determining child custody and support. However, the couple remains legally married and cannot remarry.
In some cases, a spouse may file a suit against their partner for various reasons, such as domestic abuse, neglect, or abandonment.
In Arkansas, a spouse can file for a protective order to prevent further abuse or harassment. A spouse can also file for a divorce or annulment based on the grounds of abuse, neglect, or abandonment.
Overall, divorce, annulment, separation, and suits against a spouse are all legal processes available to couples in Arkansas. It is important to consult with an experienced attorney to determine the best course of action for each individual case.
Same-Sex Marriage
Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges on June 26, 2015, in which the court struck down same-sex marriage bans nationwide.
Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state’s ban on same-sex marriage.
After the Supreme Court’s decision, same-sex couples in Arkansas were able to obtain marriage licenses and have their marriages recognized by the state.
In addition, same-sex couples in Arkansas are now entitled to the same legal rights and protections as opposite-sex couples, including the ability to adopt children and access healthcare benefits.
Despite the legalization of same-sex marriage in Arkansas, discrimination on the basis of sexual orientation and gender identity was not banned until the Supreme Court’s ruling in Bostock v. Clayton County in 2020.
This decision extended workplace protections to LGBTQ+ individuals under Title VII of the Civil Rights Act of 1964, but does not necessarily apply to other areas of life such as housing or public accommodations.
Overall, the legalization of same-sex marriage in Arkansas was a significant step forward for LGBTQ+ rights in the state, but there is still work to be done to ensure full equality and protection for all individuals regardless of their sexual orientation or gender identity.
Clerical and Legal Procedures
In Arkansas, the legal procedures for marriage ceremonies are outlined in the state’s Family Law Code. According to Arkansas Code § 9-11-215, marriages can be solemnized by ministers of the gospel or priests, or by civil officers.
When a minister or priest performs a ceremony, it must be in accordance with the forms and customs of their respective church or society. If a civil officer performs the ceremony, it must be in accordance with the law.
Before a marriage can be solemnized, the couple must obtain a marriage license from the county clerk’s office. The fee for the license varies depending on the county. The couple must then present the license to the person who will solemnize the marriage.
After the ceremony, the person who solemnized the marriage must complete and sign the license and return it to the county clerk’s office within ten days. If the person who solemnized the marriage fails to return the executed license to the clerk, they may be fined up to $100.
According to Arkansas Code § 9-11-209, the person who solemnizes a marriage must file an affidavit with the county clerk before solemnizing any marriages. The affidavit must contain the person’s name, address, and credentials of clerical character.
In addition, the person who solemnizes a marriage must post a bond with the county clerk in the amount of $100. The bond is conditioned on the faithful performance of the duties of the person who solemnizes marriages.
Only certain persons are authorized to solemnize marriages in Arkansas. These include ministers of the gospel or priests, judges of the Supreme Court, Court of Appeals, Circuit Court, or District Court, and justices of the peace.
Municipal court judges may also solemnize marriages within their respective municipalities. However, the marriage must take place within the municipal limits of the municipality where the judge serves.
In summary, before a marriage can be solemnized in Arkansas, the couple must obtain a marriage license from the county clerk’s office. The person who solemnizes the marriage must file an affidavit with the county clerk and post a bond. Only certain persons are authorized to solemnize marriages in Arkansas.
Genetic Counseling and Cousin Marriages
Genetic counseling is a process that involves assessing the risk of genetic disorders in couples who are related by blood, such as first cousins.
Genetic counseling can help couples make informed decisions about whether to have children and what measures they can take to reduce the risk of genetic disorders.
When it comes to cousin marriages, genetic counseling can be particularly useful because of the increased risk of passing on genetic disorders to offspring.
According to a study by the National Society of Genetic Counselors, the risk of having a child with a genetic disorder is approximately 2-3% higher for first cousins than for unrelated couples.
During genetic counseling sessions, a genetic counselor will typically collect information about the couple’s family history, medical history, and any previous pregnancies. They may also order genetic testing to identify any specific genetic risks.
If a couple decides to proceed with a cousin marriage, genetic counseling can also provide guidance on measures they can take to reduce the risk of genetic disorders in their offspring.
For example, preconception genetic testing can identify carriers of certain genetic disorders, allowing the couple to make informed decisions about whether to have children and what measures they can take to reduce the risk of passing on these disorders.
In summary, genetic counseling can be an important tool for couples who are considering a cousin marriage.
By assessing the risk of genetic disorders and providing guidance on measures to reduce this risk, genetic counseling can help couples make informed decisions about their family planning.
Illegitimate Children and Marriage
In Arkansas, the legitimacy of a child is determined by the marital status of the parents at the time of the child’s birth. According to Arkansas Code Annotated § 9-10-201, a child born to parents who are married is presumed to be legitimate. However, if the parents are not married, the child is considered illegitimate.
If a child is born out of wedlock, the father does not have any legal rights or obligations to the child unless paternity is established. Paternity can be established through a voluntary acknowledgement of paternity or through a court order.
When it comes to marriage, the legitimacy of a child does not affect the legality of the marriage. A couple can still get married even if they have a child together and the child is considered illegitimate. However, if the couple is closely related, the marriage would be considered incestuous and void.
It is important to note that while a child born out of wedlock may be considered illegitimate, they still have legal rights to support and inheritance from their parents. Arkansas law recognizes the importance of providing for the needs of all children, regardless of their parents’ marital status.
In summary, the legitimacy of a child in Arkansas is determined by the marital status of the parents at the time of the child’s birth. Illegitimate children still have legal rights to support and inheritance, and their status does not affect the legality of their parents’ marriage. However, closely related couples cannot legally marry in Arkansas.
Marriage Laws in Other States
While Arkansas prohibits first cousin marriages, other states have varying laws regarding the legality of such marriages. In Kansas, first cousin marriage is only allowed if both parties are over the age of 50 or if they obtain judicial approval. In Louisiana, first cousin marriage is legal, but double first cousin marriage is not. In Arizona, first cousin marriage is legal but only if both parties are over the age of 65 or if one of the parties is unable to reproduce.
In California, first cousin marriage is legal but only if both parties are over the age of 18 and if they are unable to reproduce. In Delaware, first cousin marriage is legal but only if both parties are over the age of 65 or if they obtain a certificate of genetic counseling. In Florida, first cousin marriage is legal but only if both parties are over the age of 18 and if they can prove they are infertile. In Maine, first cousin marriage is legal but only if both parties are over the age of 18 and if they obtain genetic counseling.
In Massachusetts, first cousin marriage is legal but only if both parties are over the age of 18 and if they obtain genetic counseling. In New York, first cousin marriage is legal but only if both parties are over the age of 18 and if they are not related by blood closer than first cousins. It is important to note that laws regarding cousin marriage can vary and change over time, so it is important to check the current laws in each state before considering a marriage between cousins.
