Arkansas courts annul marriages for only a handful of narrow reasons. Here's how the process works and what to expect.
You can get an annulment in Arkansas only if your marriage was never legally valid. Grounds for annulment include bigamy, incest, being underage, lacking capacity, or being induced by force or fraud. Arkansas judges interpret the rules strictly, so annulments are rare. To get one, you must file a complaint in the circuit court for the county where you live, state the reason your marriage wasn't valid, and prove it at a hearing.
An annulment isn't the same as a divorce. A divorce ends a valid marriage. An annulment declares that the marriage was never valid. Read on to learn who qualifies in Arkansas, how to file, and what a judge can decide afterward.
What Are the Grounds for an Annulment in Arkansas?
A circuit court can annul your marriage for any of the following reasons, as long as the problem existed at the time of the wedding:
- bigamy (a spouse was still married to another living person)
- incest (the spouses are too closely related under Arkansas law)
- being underage (see below)
- lack of understanding (including being intoxicated)
- physical incapacity (generally understood as being unable to consummate the marriage), or
- force or fraud (see below).
(Ark. Code §§ 9-11-106, 9-12-201, 9-12-101 (2026).)
Bigamy or Incest: When a Marriage Is Both Void and Criminal
Under Arkansas law, two types of marriage—those involving bigamy or incest—are not only void from the outset but also subject to criminal penalties. Even though these marriages are void from the start, you can go to court for a decree to set the record straight.
Bigamy
You can't marry while a former spouse is still alive unless that marriage was legally dissolved. A bigamous marriage is void from the moment of the ceremony. What’s more, bigamy is a Class A misdemeanor in Arkansas. There's one exception: If a spouse abandoned you and lived outside Arkansas for at least five consecutive years without your knowing they were alive, a later marriage is valid. (Ark. Code §§ 9-12-101, 9-11-108, 5-26-201 (2026); Evatt v. Miller, 114 Ark. 84 (1914); Bruno v. Bruno, 256 S.W.2d 341 (Ark. 1953).)
Incest
Marriages between close relatives, including first cousins, are void on the grounds of incest. Entering into an incestuous marriage (or knowingly performing one) is a misdemeanor punishable by fines, prison time, or both. (Ark. Code § 9-11-106 (2026).)
Arkansas Rules for Underage Marriage
In Arkansas, the minimum age to marry is 18. However, a 17-year-old can marry with written and notarized parental or guardian consent after a five-business-day waiting period. A judge can override that consent only if there is clear and convincing evidence that the parent or guardian is unfit and that the marriage is not in the teen’s best interest. (Ark. Code § 9-11-102 (2026).)
Additionally, a judge can grant a marriage license to applicants as young as 16 if they’re expecting a child. (Ark. Code § 9-11-103 (2026).)
An underage marriage is voidable rather than automatically void, which means it remains valid until a court declares otherwise. (Ark. Code § 9-11-105 (2026).)
Parents have their own route to court. If a parent or guardian didn’t consent, or if a spouse lied about their age, the parent or guardian can ask a circuit court judge to annul the marriage. The judge can use their discretion in deciding whether to grant the request. (Ark. Code § 9-11-104 (2026); Mitchell v. Mitchell, 219 Ark. 69 (1951).)
How Arkansas Courts Handle Force and Fraud
As with other grounds, Arkansas courts apply strict standards when deciding whether a marriage can be annulled based on claims of fraud or force.
Fraud
The spouse seeking an annulment based on fraud must prove it with clear and convincing evidence, a tougher standard than in most civil cases. You'll need to show that your spouse knowingly lied to get you to marry them, that you believed the lie, and that you wouldn't have married them otherwise. Ordinary dishonesty won't do.
In one Arkansas case, a man sought an annulment after his wife told him he had fathered her unborn child. The court refused, because when he was asked whether he would have married her without that claim, his testimony was unclear. (Worden v. Worden, 231 Ark. 858 (1960).)
Force
To prove force, you must show that you were threatened or coerced into going through with the ceremony. Generally, family pressure or later regret won't be enough. Arkansas law doesn't define force, so judges decide this issue on a case-by-case basis. If you feel that you were forced into your marriage, and especially if you feel unsafe in your marriage now, talk to someone about it. You can find options for legal support at the end of this article.
What Happens After an Arkansas Annulment?
After an annulment, both spouses return to single status and are free to remarry.
Your children are protected. If you and the other parent lived together and went through a marriage ceremony that appeared to comply with the law before your child was born, your child is legitimate for inheritance purposes even though the marriage was invalid. And a child born or conceived during a marriage is presumed legitimate for the same purposes. (Ark. Code § 28-9-209 (2026).) A court entering an annulment decree also has authority to award custody of the children and provide for their support, using the state's family support chart. (Arkansas Judiciary, Domestic Relations Benchbook (2022), citing Ark. Code § 9-12-312.)
Money is a different story. Arkansas's property division and alimony statutes are written for divorce cases and don't mention annulment, so a judge might not divide property or award support. The financial stakes can be high, so it’s wise to talk to a lawyer before you file.
How Do I Get an Annulment in Arkansas?
Arkansas circuit courts handle annulments. To proceed, you must:
- File a complaint for annulment. File your case with the circuit clerk in the county where you live. (Ark. Code § 9-12-202 (2026).) Your complaint should state your grounds and include any requests concerning your children. The Arkansas Judiciary offers a directory of circuit clerks with contact information for every county.
- Notify your spouse. After you file, the clerk will issue a summons. You'll then need to have that summons and a copy of your complaint delivered to your spouse, usually by a sheriff's deputy or a private process server. Your spouse will have a set period to file a written response with the court.
- Prove your case. Be ready to testify and bring supporting evidence. Even if your spouse never answers or doesn't show up, a judge won't annul your marriage without proof.
Where to Find More Information and Legal Help in Arkansas
You can find Arkansas’s official state code on LexisNexis. Once you reach the Arkansas page, either enter a specific code section in the search bar or scroll down to find Title 9: Family Law, then toggle through the menu to find the sections you want to read.
Legal Aid of Arkansas and Arkansas Law Help offer free help to people who qualify. Because Arkansas's grounds are narrow and the financial consequences are real, it's worth talking to a family law attorney before you file.
