Legal Question in Family Law in Arkansas

Re: commonlaw marriage

Arkansas does not "generate" common law marriage. In other words, being common law married in AR does not exist. However, if you are in another state which does have common law marriage, say OK, then AR will recognize it.

As example, in OK, to be common law married, you have to present yourselves to the world as married. Use the same name, common bank accounts, cohabitate, etc. Any amount of time is sufficient as long as you were domociled there. That means that you lived there with the intention of staying, not just passing through.

If the state where you lived together recognizes common law marriage and then you moved to AR, then you will need to get a divorce just like you walked down the isle.

If all of your time was in AR, then all you have is a civil case concerning the splitting of debts and assets. That is based in contract, not in marriage.