Ark. Code Ann. » Title 9 Chapter 11
Arkansas Code Annotated

Ark. Code Ann. § 9-11-218 (2026)

Return of executed license to clerk — Effect on bond

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  1. Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license.
    1. If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by § 9-11-210 shall be deemed null and void.
    2. Otherwise, it shall remain in full force and effect.

History. Acts 1875, No. 127, § 6, p. 260; C. & M. Dig., § 7063; Pope's Dig., § 9045; A.S.A. 1947, § 55-224.

Meaning of “this act”. See note to § 9-11-204.

Cross References. County offices defined, § 14-14-603.

Distribution of powers of county governments, § 14-14-502.

Case Notes

Construction.

Failure to comply with Arkansas's licensing statutes, as distinguished from the solemnization statutes, does not void an otherwise valid marriage. Fryar v. Roberts, 346 Ark. 432, 57 S.W.3d 727 (2001).

Marriage Upheld.

As a failure to do a ministerial act, i.e., to return a marriage license to the county clerk within 60 days of its issuance, could not render a marriage void, the parties had solemnized their marriage by a wedding ceremony, and the minister signed the marriage license, the trial court erred in ruling on summary judgment that the parties were not married. Fryar v. Roberts, 346 Ark. 432, 57 S.W.3d 727 (2001).

Notes of Decisions
Cited in 2 cases, 2001–2008 · leading case: Fryar v. Roberts, 57 S.W.3d 727 (Ark. 2001).
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Fryar v. Roberts, 57 S.W.3d 727 (Ark. 2001). · cites it 10× “Roberts on the basis that the parties failed to file their marriage license ■within sixty days of the date of the license and, thus, had failed to comply with the formalities necessary to create a legal marriage under Ark. Code Ann. § 9-11-218 (Repl. 1998). Mr.”
Powell v. Lane, 275 S.W.3d 666 (Ark. Ct. App. 2008). · cites it 4× “In so ruling, the court misinterpreted Ark.Code Ann. § 9-11-218 (Repl.2002), which provides that a person obtaining a marriage license is required to return the license to the county clerk within sixty days from the date the license is issued.”
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