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Arkansas Annulments
Annulments in Arkansas

Most laws for an annulment of marriage in Arkansas are located in Subchapter 2 and Chapter 12 of Title 9 of the state’s annotated code. General provisions for annulments of marriages in Arkansas are located in 9-12-201.

Grounds

Generally, the Arkansas court will annul a marriage when:

  • one or both partners are too young to legally marry within the state, that is, under the age of 16;
  • one or both are unable to mentally understand the consent of the marriage and the consequences involved;
  • one or both are incapable of entering into the marriage within the state because of physical causes;
  • the consent to marry was obtained through fraud; and
  • either party forced the other party to enter into marriage

Section 9-11-106 also allows an annulment of marriage in Arkansas if the marriage is incestuous. According to this section, annulments of marriages in Arkansas occur in the following circumstances: “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 [and] this section shall extend to illegitimate children and relations.”

In some cases, a court may allow the marriage to continue between parties who were too young to marry if the woman has conceived a child.

Procedure

An annulment of marriage in Arkansas requires the following steps:

  • The plaintiff completes court forms depending on the grounds for the annulment of marriage, and he or she files a complaint with the county court.
  • Each form has filing fees, and there are additional forms to establish temporary orders for child support, spousal support, or other issues.
  • The complaint must be served on the other party. The court can send the documents to the respondent; they can be mailed; a third party can deliver them.
  • All annulments of marriages in Arkansas must have supporting evidence in order to hold up in court.

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