Arkansas Code Title 9 - Family Law

Arkansas recognizes both fault and no-fault grounds for divorce. No-fault: spouses who have lived separate and apart for 18 continuous months can obtain a divorce without proving fault. Fault-based grounds include adultery, felony conviction, habitual drunkenness for one year, cruel and barbarous treatment endangering life, and indignities rendering the other spouse's condition intolerable. Incurable insanity with 3 years of institutional commitment is also a ground.

Effective: 2024

The plaintiff must prove residence in Arkansas for at least 60 days before filing the divorce complaint. An additional requirement mandates residence for 3 full months before the court can enter a final divorce decree. If the defendant cannot be found or served, the plaintiff must show at least 3 full months of actual presence in the state. The plaintiff must also prove the cause of action occurred within 5 years of filing.

Effective: 2024

Arkansas is one of three states offering covenant marriages, which have stricter divorce requirements. To dissolve a covenant marriage, a spouse must first obtain authorized counseling and then prove specific grounds: adultery, felony conviction, physical or sexual abuse, or living separate and apart for 2 continuous years. After a judicial separation involving minor children, the separation period extends to 2 years and 6 months before divorce can be granted.

Effective: 2024

Arkansas follows equitable distribution with a presumption of equal (50/50) division of marital property. The court divides all property acquired during the marriage equally unless it finds such a division would be inequitable. If deviating from equal division, the court must state its reasons in writing. Factors for unequal division include each party's estate, liabilities, needs, opportunity for future income, and contributions to the marriage including homemaker services. Federal income tax consequences must also be considered.

Effective: 2024

Marital property includes all property acquired by either spouse during the marriage. Excluded from division are: property owned before marriage, gifts, inheritances, trust distributions, life insurance proceeds from the death of another, property acquired in exchange for premarital or gifted property, property acquired after a decree of divorce from bed and board, and property excluded by a valid agreement. Income from premarital or gifted property is also excluded from the marital estate.

Effective: 2024

When stocks, bonds, or other securities are part of the marital property, the court must designate in its final order the specific securities each party receives. Alternatively, the court may determine the fair market value of the securities and order them distributed to one party on the condition that half the fair market value is set aside to the other party in money or other property.

Effective: 2024

Arkansas law creates a rebuttable presumption that joint custody is in the best interest of the child, meaning approximately equal division of time with both parents. The court awards custody solely based on the child's welfare and best interest, without regard to the sex of either parent. The presumption may be rebutted only by clear and convincing evidence that joint custody is not in the child's best interest. If the court rejects joint custody, it must enter written findings explaining its reasoning.

Effective: 2024

The court may consider the preferences of the child if the child is of sufficient age and mental capacity to reason, regardless of chronological age. Children may give evidence in custody cases, and if a judge interviews a minor child privately (in camera), the judge must make a complete record of the interview.

Effective: 2024

When a parent has committed domestic violence proven by a preponderance of the evidence, the court must consider the effect on the child's best interest, whether or not the child witnessed the abuse. There is a rebuttable presumption that placing the child with an abusive parent is not in the child's best interest when there is a pattern of domestic abuse. A registered sex offender may not receive custody or unsupervised visitation unless the court specifically finds no danger to the child.

Effective: 2024

A custody order may be modified upon a showing of material change in circumstances that were not available to the court at the time of the prior order. If a parent demonstrates a pattern of willfully creating conflict to disrupt a joint-custody arrangement, the court may treat that behavior as a material change of circumstances and award primary custody to the non-disruptive parent.

Effective: 2024

A grandparent or great-grandparent may petition for reasonable visitation when the parents' marriage has been severed by death, divorce, or legal separation. There is a rebuttable presumption that the custodial parent's decision to deny visitation is in the child's best interest. To overcome this presumption, the grandparent must prove a significant and viable relationship — such as the child having resided with or been cared for by the grandparent for at least 6 consecutive months, or regular contact for 12 consecutive months.

Effective: 2024

The court may order alimony (spousal support) to either the wife or husband based on the circumstances of the parties and nature of the case. Arkansas does not use a statutory list of factors but courts consider: financial resources, contributions to the marriage including homemaker services, marriage duration, standard of living during marriage, education and earning potential, and age and health. Alimony automatically terminates upon remarriage, cohabitation with another person full-time, or having a child that triggers a support obligation from another person.

Effective: 2024

The court may award rehabilitative alimony in fixed installments for a specific, terminable period of time. This type of support is designed to cease when the recipient is able to become self-supporting through reasonable efforts. The court may require the recipient to submit a plan of rehabilitation. If the recipient fails to meet the plan requirements, the payor can petition the court to review and potentially modify or end the alimony.

Effective: 2024

Arkansas uses the income shares model for calculating child support, adopted in 2020 pursuant to Act 907 of 2019. Both parents' gross incomes are combined to determine the total child support obligation using the Family Support Chart, then each parent's share is allocated proportionally based on their percentage of combined income. The calculated amount is a rebuttable presumption — the court may deviate if evidence shows the needs of the children warrant more or less support. Additional expenses for healthcare, childcare, and extraordinary costs are factored in.

Effective: 2024

A change of 20% or more in the gross income of either parent constitutes a material change of circumstances sufficient to petition for modification of child support. An inconsistency between the existing support award and the amount calculated under the current Family Support Chart is also grounds for modification. Incarceration of a parent for 180 days or more is treated as involuntary unemployment for support modification purposes. Either parent may request proof of income from the other, who must respond by certified mail within 15 days.

Effective: 2024

All unpaid child support accrues interest at 10% per year. The court must award a minimum of 10% of the overdue support amount as attorney's fees in enforcement actions. Collection may be pursued through wage execution, contempt proceedings, or other remedies. When an obligated parent is incarcerated for willful nonpayment, the court may order temporary release for work activities to earn income toward the support obligation.

Effective: 2024

A divorce action must be filed in the county where the plaintiff resides. If the plaintiff is a non-resident and the defendant lives in Arkansas, venue is in the defendant's county of residence. Process may be directed to any county in the state. Service can be made by process server, deputy sheriff, or certified mail. If the defendant cannot be found, service by publication ('warning order') is available after the plaintiff demonstrates diligent efforts to locate the defendant.

Effective: 2024

No decree of divorce may be granted until at least 30 days have elapsed from the date the complaint was filed. This mandatory waiting period applies to all divorces in Arkansas regardless of whether the case is contested or uncontested. Combined with the residency requirements (60 days before filing and 3 months before decree), the minimum timeline from start to finish is approximately 3 months.

Effective: 2024

Arkansas requires that the grounds for divorce be corroborated by evidence beyond the plaintiff's own testimony. The plaintiff must present at least one corroborating witness to prove both the grounds for divorce and the required residency. This applies in all divorce cases and is a requirement that the court will verify before entering a decree.

Effective: 2024

During the pendency of a divorce action, the court may award temporary maintenance (pendente lite support) to either spouse, along with reasonable attorney's fees and expert witness fees. The court may enforce payment through contempt proceedings. In the final decree, the court may also award costs, attorney's fees, and expert witness fees, and may reduce these amounts to an immediately enforceable judgment against marital property (excluding the homestead).

Effective: 2024

When divorcing parents have minor children, the court may require both parties to complete at least 2 hours of parenting classes or submit to mediation on parenting, custody, and visitation issues. Each party is responsible for their own costs. Mediators may be selected from a court-approved roster or chosen by the parties with judge approval. A party may request to be excused from mediation for good cause shown.

Effective: 2024

Victims of domestic violence may obtain orders of protection at no filing cost. A temporary (ex parte) order can be issued the same day if the judge finds immediate danger, lasting until a full hearing within 30 days. Relief includes excluding the abuser from the home, no-contact orders, temporary custody, temporary child or spousal support, and prohibiting firearm possession. Violating a protection order is a Class A misdemeanor (up to 1 year in jail and $1,000 fine), and a second violation within 5 years is a Class D felony.

Effective: 2024

Prenuptial agreements must be in writing, signed, and acknowledged by both parties. Acknowledgment can be done through a formal declaration before a public officer, sworn affirmation by each party's attorney, notarized execution with independent counsel statement, or witnessed by two disinterested parties. Agreements may address property rights, spousal support, and other financial matters. A court may override spousal support provisions if enforcement would leave one spouse eligible for public assistance.

Effective: 2024

Upon granting a divorce, the court may restore either spouse's former name as part of the divorce decree. This eliminates the need to file a separate name change petition, saving time and filing fees. The name restoration is included in the final divorce order at the request of the spouse seeking the change.

Effective: 2024

When a parent is deployed or on federal active duty, the deployment or active duty status is considered the equivalent of daily parental presence and involvement with the child for custody purposes. This prevents military service from being used as a factor against a parent in custody determinations, ensuring that deployment alone cannot justify changing a custody arrangement.

Effective: 2024

Arkansas is one of only three states (with Louisiana and Arizona) that offers covenant marriages. Couples choosing a covenant marriage agree to premarital counseling, sign a declaration of intent, and accept stricter divorce requirements. Divorce from a covenant marriage requires proof of specific fault-based grounds (adultery, felony, abuse) or living separate and apart for 2 years — longer than the 18-month separation period for standard marriages. Authorized counseling must be obtained before filing.

Effective: 2024

This statute addresses the disposition of joint credit card accounts during divorce proceedings. The court may order the closure or division of joint credit card obligations as part of the divorce decree, helping protect both parties from future liability on shared accounts.

Effective: 2024