Understanding Marriage Annulment in Arkansas

Marriage annulment in Arkansas is a legal procedure that nullifies a marriage, effectively ending the marriage. An Arkansas marriage may be annulled if one or both parties were incapable of consenting to the union. For example, you may file for annulment if you were underage at the time of the marriage event. The state also allows annulment if the marriage occurred due to fraudulent reasons, like bigamy.

Marriage annulment is not the same as divorce in Arkansas. The latter is a form of dissolution for marriages that were legally recognized. Parties may file for divorce for reasons like irreconcilable differences or claims of physical or mental abuse.

In a divorce, the parties are no longer able to claim a single status. However, the state restores you to your original status after an annulment. This act erases all legal records that a marriage event occurred.

Grounds for Annulment in Arkansas

According to AR Code § 9-12-201, individuals in a marriage can pursue annulment under the following circumstances:

• One or both parties were too young to understand or consent to the marriage union.
• One or both parties were mentally or physically unable to understand or consent to the union.
• One or both parties consented to marry with the intent to commit fraud.
• One or both parties were still married as of the time of the marriage event.

Eligibility Requirements for an Annulment in Arkansas

In Arkansas, residents are generally eligible for annulment if one or both parties were mentally or physically unfit to marry at the time of the marriage event. You might also qualify for annulment under the following conditions:

• The marriage event occurred due to threats or intimidation.
• The marriage license was not valid at the time of the marriage event.
• One party was legally married at the time of the marriage event.
• Parties seeking to annul marriages must have lived in the county for at least 60 days.

Note: The court retains the right to grant or deny requests for annulment. In some instances, the court may refuse annulment petitions if the petitioner waited too long after the marriage event. For example, annulment is not an option if you were underage during the marriage event but continued to live with your spouse after reaching the legal age.

How to Get a Marriage Annulled in Arkansas

You can get a marriage annulment in Arkansas by following these general steps:

1. Check if you are eligible to annul the marriage: Arkansas will only offer annulment for marriages that are legally void. For example, you may file for annulment for reasons like bigamy, incest, and mental or physical incapacitation. The state also requires petitioners to have resided for at least 60 days prior to filing for annulment. Interested parties may contact the local circuit court for more information about eligibility.
2. Determine the necessary forms you need for the procedure: Petitioners are typically required to submit a petition. In addition to the petition, petitioners may submit additional forms and documents like the following:
   • Affidavit of corroborating witness.
   • Summons.
   • Proof of Service.
     The necessary forms may vary based on your unique circumstances or the local circuit court’s requirements. For example, you need the other party’s marriage license if annulling on the basis of bigamy.
3. Choose a preferred option to submit the required forms: You may file required documents online or offline at the local circuit court where you reside. For instance, the Circuit clerk of Washington County requires petitioners to file their petition at this location:
   280 North College Avenue
   Suite 302
   Fayetteville, AR 72701
   Phone: (479) 444-1538
   Fax: (479) 444-1537

   Note: Make copies of all required forms and send them to the circuit court clerk’s office.

4. Pay the filing fee: The filing fee for annulment in Arkansas typically costs $165. Nevertheless, you may need to confirm the required fees at your local circuit clerk’s office. Some court clerks may add specific fees based on the petitioner’s unique circumstances. In addition, you may obtain a fee waiver by providing sufficient documents to back your claim.
5. Serve the papers to the other party: You may use the following options to serve the other party or defendant with a complaint:
   • Serve the complaint in person to the defendant.
   • Use a process server or deputy sheriff to deliver the complaint.
   • Serve the complaint to the defendant via certified mail.
   • Serve the complaint by warning order if you do not know the defendant’s current address.

   Note: Defendants generally have 30 days to file a written response with the court. Should the defendant choose not to respond, the court has the authority to approve the annulment in their absence.

6. Attend the court hearing: The court will schedule a hearing date upon receiving the required forms. During the hearing, the court may take appropriate decisions after determining if the petitioner has sufficient legal grounds to request annulment.

Required Forms and Documentation for an Arkansas Annulment

Arkansas residents are typically required to have these forms or documents when filing for a marriage annulment:

• Affidavit of corroborating witness: The documents contain testimonies from other parties that were present during the marriage event. These parties could be a family relation or a member of a local community.
• Summons: The court document notifies the respondent that an annulment was filed in the local circuit court.
• Proof of Service: This document serves as evidence that the respondent received the summons and annulment complaints.

Petitioners might also need to provide additional documentation, which may depend on the circumstances around the annulment. For example, the court may require a marriage license if the petitioner files for annulment on the basis of bigamy. A birth certificate might be required if the petitioner was underage at the time of the marriage event.

Note: You may contact the local circuit clerk or the county clerk’s office to determine the required documents for marriage annulment.

Where to File for an Annulment in Arkansas

You can file for annulment in Arkansas at the local circuit clerk’s office. The circuit clerk handles all domestic relations petitions, including filings for annulment. The court clerk may receive filed documents online via websites or at their physical location.

To file the documents in person, you must visit the court clerk during business hours. For instance, the Washington Circuit Clerk receives filings for annulment between 8 a.m. and 4:30 p.m.

Annulment Timelines and Waiting Periods in Arkansas

There is no set duration for annulment filings in Arkansas. Petitioners may file for annulment at any time after the marriage event. For annulment on the basis of underage marriage, it’s preferable to file for annulment after attaining the legal age.

There are also no specific timelines for annulment cases at the circuit court. The duration of the case may vary based on the circumstances surrounding the union. For instance, the court might need to gather more evidence before making a decision. Issues like court backlogs and missing paperwork might also delay annulment case proceedings.

Costs and Court Fees for an Annulment in Arkansas

Generally, filing for annulment in Arkansas costs up to $165. In addition to the filing fees, petitioners may incur expenses such as attorney fees, record request costs, and service costs. Petitioners may, however, request fee waivers by contacting the circuit court clerk. The court clerk may review the petitioner’s financial statements or other requirements before granting the waiver.

After the Annulment: What Happens Next?

In Arkansas, a marriage ceases to exist after annulment. The procedures restore the couple to their original status before they got married. In addition, the state may seal records of marriages that were annulled. Couples in an annulled marriage are often exempted from property division or spousal support payments. However, they may be required to pay child support if the union resulted in children.