Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Kansas City, MO asked in Family Law and Constitutional Law for Arkansas

Q: Is my marriage legal if I signed for the pastor with tunnel vision in Arkansas?

Is my marriage legal if it was conducted in the pastor's home, and the pastor couldn't sign due to tunnel vision, so I signed on his behalf? There were no witnesses, and the groom didn’t say anything during the ceremony. No follow-up steps were taken to validate the legality of the marriage.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: For a marriage to be legally valid in Arkansas, certain requirements must be met. These include having a valid marriage license, a ceremony performed by someone authorized to solemnize marriages, and proper completion and return of the marriage certificate. Signing for the officiant yourself, especially without witnesses present, raises serious concerns about whether those legal requirements were satisfied.

If the groom did not say anything during the ceremony and there were no witnesses, it further weakens the validity of the marriage. Consent from both parties is required, and the officiant is supposed to complete the paperwork, not a participant. Without proper signatures and filing, the state may not even recognize the marriage as having taken place.

You can check with the county clerk where the license was issued to see if the marriage certificate was ever filed. If it was not, the marriage is likely not legally recognized. If you and your partner still want to be legally married, you may need to go through a proper ceremony again with all legal requirements fulfilled.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.