Family Law 2025 Comparisons

In Arkansas, there are multiple grounds for divorce under Section 9-12-301 of the Arkansas Code Annotated. These grounds can include, but are not limited to:

• a felony conviction for either party;
• living separate and apart for 18 continuous months without the benefit of cohabitation;
• habitual drunkenness for one year or more; and
• committing indignities against the other party so as to make their life in the marriage intolerable.

At the time of writing (January 2025), there are no separate dissolution procedures in the Arkansas Code Annotated for same-sex spouses.

Arkansas does not have a period of separation requirement unless the parties intend to file under the 18-month separation section of Section 9-12-301(b)(5). There is a mandatory 30-day waiting period before a divorce can be finalised after the date the complaint for divorce is filed. Even if all parties are in agreement as to the split of their assets, custody arrangement, and any other considerations, a judge will not grant a final divorce until after the 30-day waiting period has expired (Section 9-12-307(a)(1)(B) of the Arkansas Code Annotated).

Service of divorce actions in Arkansas is governed by Rule 4 of the Arkansas Rules of Civil Procedure. A summons must be issued to the defendant and be “styled in the name of the court and issued under its seal, dated and signed by the clerk or a deputy clerk, and directed from the State of Arkansas to the defendant to be served”. The summons must also direct the defendant on the parties involved in the lawsuit, the timeline of response, the name and address of the plaintiff’s attorney (if applicable – if not applicable, then the name and address of the plaintiff), and notice that failure to respond within the time could result in a judgment by default. 

Following the issuance of a summons, the summons and a file-marked copy of the complaint must be served upon the defendant. This service can be by the sheriff of the county where the service is to be performed, a professional process server, other personal service pursuant to Administrative Order No 20, or by alternative delivery of certified mail, first-class mail, or delivery service in particular circumstances (Rule 4 of the Arkansas Rules of Civil Procedure). There is a strong preference for personal service.

Annulments in Arkansas are available in limited circumstances, as laid out in Section 9-12-201 of the Arkansas Code Annotated. These circumstances include one or both of the parties being below the age of legal marriage (18 years of age without parental consent), one or both of the parties was unable to comprehend the marriage owing to mental incapacity or other incapacity, one or both of the parties were unable to physically consummate the marriage, or one or both of the parties were forced into the marriage or convinced to agree by fraud or other deception.

The jurisdiction of divorce proceedings in Arkansas falls under Section 9-12-303 et seq of the Arkansas Code Annotated. A divorce may be filed in the county in which the plaintiff resides. If the plaintiff is not a resident of the State of Arkansas, and the defendant is, the plaintiff may file the matter in the county in which the defendant resides. To meet the residency requirements for divorce in Arkansas, either the Plaintiff or the Defendant must be a resident of the state for at least 60 days preceding the filing of the action and continue living in the state for 30 days after the filing of the action, for a total of 90 days of residency before the final divorce can be granted. At the time of writing (January 2025), there are no separate jurisdictional requirements in the Arkansas Code Annotated for same-sex spouses.

In Arkansas, domicile and residence are distinct concepts (Rule 2.26-51-102(9) of the Arkansas Administrative Code). Based on Arkansas tax regulations, there is a three-prong test, and satisfaction of any one prong is sufficient to establish a party’s residency in Arkansas.

• Any person domiciled in the State of Arkansas – domicile comprises an act coupled with an intent. A domicile is acquired by physical presence at a place coinciding with the state of mind (ie, intent) of regarding the place as a permanent home. A domicile arises instantaneously when these two facts occur. Every person must have one domicile but can have no more than one domicile, regardless of how many residences a person may have at any given time. A domicile, once established, continues until a new domicile of choice is legally established. An established domicile does not end by lack of physical presence alone nor by mental intent alone. The old domicile must be abandoned with the intention not to return to it. If one moves to a new location but intends to stay there only for a limited period of time (no matter how long), the domicile does not become the new location but rather remains unchanged.
• Any person who maintains a permanent place of abode within Arkansas and spends in the aggregate more than six months of the year within Arkansas – place of abode means a place where a person has established a permanent home, even though such person may be absent therefrom for a long period of time. A temporary home or residence would not be considered a place of abode, as there must be at least some degree of permanence. In addition, a person must actually spend more than six months of the tax year in Arkansas to fall within the scope of this provision.

Place of abode and residence are considered to mean roughly the same thing. However, domicile and residence are not considered to be synonymous. Residence denotes only an act (the act of residing), whereas domicile denotes an act (the act of residing) coupled with the intent that the residence be a permanent home. The distinction between domicile and place of abode is that, while a person can have several homes (or places of abode) at one time, only one of those homes can be the person’s domicile. The home that the person intends or considers to be their permanent home (as in home base) would be the domicile.

• In situations where it is not clear if the requirements either of domicile or place of abode have been met, a residency determination can only be made after thoroughly reviewing the facts on a case-by-case basis.

If a party believes jurisdiction does not lie within the county in which the case was filed, that party is free to contest jurisdiction under Section 9-12-303 of the Arkansas Code Annotated.

A party to a matter involving child custody may request a stay in certain circumstances. A trial court’s decision on a motion to stay is within the court’s sound discretion.

Jurisdiction for actions for alimony or spousal support in Arkansas is governed under Section 9-12-303 of the Arkansas Code Annotated, just as in divorce actions. If a party believes jurisdiction does not lie within the county in which the case was filed, that party is free to contest jurisdiction under Section 9-12-303 of the Arkansas Code Annotated.

A financial support proceeding under the Uniform Interstate Family Support Act may be stayed if there is a simultaneous proceeding in another court upon the timely, proper challenge of jurisdiction in Arkansas.

Arkansas courts may hear financial claims after a foreign divorce if the foreign divorce court did not have personal jurisdiction over the requesting spouse.

Service and process in financial proceedings are the same as that outlined for divorce actions in 1.1 Grounds, Timeline, Service and Process.

Property division in the event of divorce is governed by a statute – namely, Section 9-12-315 of the Arkansas Code Annotated. It provides that all marital property should be divided in half between the parties unless a 50/50 division would be inequitable. Factors for making an unequal division of property include:

• length of the marriage;
• age, health, and station in life of the parties;
• occupation of the parties;
• amount and sources of income;
• vocational skills;
• employability;
• estate, liabilities and needs of each party and opportunity of each for further acquisition of capital assets and income;
• contribution of each party in the acquisition, preservation or appreciation of marital property, including services as a homemaker; and
• the federal income tax consequences of the court’s division of property.

When marital property is divided in a way that is not 50/50, the court must state the reasons for not dividing the marital property equally between the parties.

The statute concerning property division excludes certain property from division, including the increase in value of property acquired prior to marriage. Historically, Arkansas trial courts used a judicially created analysis to assess the value of in-marriage appreciation of premarital property when the increase in value was due to the efforts of one of the spouses. However, in 2016, the Arkansas Supreme Court determined that the analysis conflicted with the plain language of the statute and overturned decades of precedent.

Spousal maintenance is a need-based concept in Arkansas. The party requesting support needs to provide evidence that support is required to sustain their needs. Judges can also consider many factors in awarding alimony or support to either spouse, including (but not limited to):

• one spouse’s needs versus the other spouse’s ability to pay;
• length of the marriage;
• each spouse’s contribution to the marriage, both financial and otherwise; and
• marital and individual debts.

Courts may grant temporary alimony during the pendency of an action if requested by either party, but it is not required. The court will typically decide the amount and length of temporary support, taking into account more pressing matters such as living costs and court costs.

Arkansas also recognises rehabilitative alimony, which is a time-barred award of alimony to assist one spouse for a certain period of time following the divorce. This is in contrast with traditional or permanent alimony, which is more open-ended and typically only ends upon the death of either party or remarriage of the party receiving support.

The Arkansas Premarital Agreement Act is codified at Sections 9-11-401 to 9-11-413 of the Arkansas Code Annotated. Premarital agreements are enforceable by the courts, except if the party against whom enforcement is sought proves that:

• the party did not execute the agreement voluntarily; or
• the agreement was unconscionable and – before executing the agreement – the party seeking to avoid enforcement:
1. was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
2. did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
3. did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

For premarital agreements to be considered valid, it must be a written agreement, signed and acknowledged by both parties. The parties must also acknowledge that they have consulted with their respective attorneys, have read and understood the agreement, and are freely entering the agreement without coercion or undue influence.

Family law courts in Arkansas treat unmarried individuals as separate individuals. The division of assets – in particular, with regard to real property – can depend on whether or not the real property was purchased as joint tenants, tenants-in-common, or whether only one person’s name was attached to the property. Arkansas does not recognise common law marriage – no matter the length of time a couple has cohabitated or held themselves out as married.

If a party fails to comply with a valid court order, including a financial order, the party seeking enforcement can petition for the court to hold the offending party in contempt. A finding of contempt and subsequent punishment can include payment of the full terms of the financial order, an award of attorney’s fees and court fees the moving party incurred in enforcement, or jail time. In extreme cases, a finding of contempt can impact custody.

In general, Arkansas courts are open to the public. Court records are also available for public access, except in limited circumstances. This flows from the Arkansas Freedom of Information Act of 1967. Judges can restrict public access to court proceedings, particularly when there are juveniles involved (either in delinquency or family law proceedings). Parties can file a request with the court to have records sealed if they involve sensitive information regarding the parties or their minor children.

Arkansas courts tend to look favourably upon the mediation process in divorce and financial disputes. Under Section 16-7-201 of the Arkansas Code Annotated, the General Assembly encourages the use of ADR in all types of cases and controversies across the state. Although ADR is not mandated across the state, some local policies and judges request attempts at mediation prior to trial, and Section 16-7-202(b) of the Arkansas Code Annotated authorises the circuit and appellate courts to order any domestic relations case to mediation. Arkansas has created the Alternative Dispute Resolution Commission, which is the governing body for the certification and professional discipline of certified mediators and is designed to encourage and support ADR across the state with various resources.

Arkansas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, a child’s home state is given exclusive jurisdiction over child custody cases. The home state is the state where the child lived with a parent for at least six months before the custody case began or wherever the child was born if the child is less than six months old. Like a divorce action, a child custody proceeding can be brought in the county where the child lives. If no home state exists for the child, the UCCJEA will then consider where the child has significant connections – ie, the state in which substantial evidence of the child’s care, protection, training, and personal relationships exists.

Arkansas is a presumed joint-custody state and joint custody is favoured in Arkansas (Act 906 of 2019). If the parents do not agree on the particular split of time and contact, either can apply to the court for a hearing to present their respective plans for time and contact, along with their assessment and evidence towards the child’s best interest. Additionally, if there is a compelling best interest reason to deviate from the presumption of joint custody, either parent is able to bring such evidence to the court upon application.

Per Section 9-13-101(a)(1)(A)(iv) of the Arkansas Code Annotated, the presumption that joint custody is in the best interest of the child may be rebutted if:

• the court finds by clear and convincing evidence that joint custody is not in the best interest of the child;
• the parties have reached an agreement on all issues related to custody of the child;
• one of the parties does not request sole, primary, or joint custody; or
• a rebuttable presumption described in Section 9-13-101(c) or Section 9-13-101(d) of the Arkansas Code Annotated is established by the evidence.

Arkansas law states that the primary consideration in child custody determinations is the welfare and best interests of each minor child involved in the case. Arkansas appellate courts have said: “There is no exhaustive list of factors a circuit court must consider when analysing the best interest of the child.” However, the law provides that courts should consider:

• the psychological relationship between the parent and the child;
• the need for stability and continuity in the child’s relationship with the parents and siblings;
• the past conduct of the parents towards the child; and
• the reasonable preference of the child.

Promiscuous conduct or lifestyle in the presence of a child may be a factor against a parent receiving custody.

Child support is awarded pursuant to Administrative Order No 10. Each party is required to submit proof of their income and their gross monthly income will be used to calculate support. The support can be awarded on a joint or a non-joint basis, depending on the custody arrangement. Parties can agree to deviate up or down from the presumed child support award, provided the court approves the deviation and agrees that it is in the child’s best interest. The court may order that a deviation is improper based on their review of the case and the child’s best interests and it can subsequently order support in alignment with the presumed calculation. The amount of child support ordered lies within the discretion of the trial court.

Arkansas recognises the fundamental interest of parents to have and raise children. Fit parents are given presumption that they are acting in their children’s best interests. Family courts have broad discretion and deference to determine a child’s best interests. Family courts have permitted evidence related to parental alienation, including expert testimony, and their decisions have been upheld on appeal.

Children may give evidence in divorce and child custody cases and their preferences are allowed to be considered in awarding custody if the presiding judge determines such children are of sufficient age and maturity to express a preference (Section 9-13-101 of the Arkansas Annotated Code). If a judge interviews a minor child in camera, the judge is required to make a complete record of the interview.

If a child will be testifying in open court, the child’s competency to testify should be determined by the trial judge as a preliminary matter (Rule 104(a) of the Arkansas Rules of Evidence). Courts have rejected a precise age at which a child would become competent to testify (Hoggard v State, 277 Ark 117, 122 (1982)). The court must also make findings on the record that the child is able to understand the difference between telling the truth and telling a lie, that they have observed relevant events, and that they can accurately recall relevant events. There are safeguards in place to protect any child who testifies in an open court, such as the presence of a support person or even the presence of a certified facility dog to provide comfort and reassurance to the child (Section 16-42-102 and Section 16-43-1002 of the Arkansas Annotated Code).

See 2.9 Alternative Dispute Resolution (ADR).

See 2.8 Media Access and Transparency.