Family Law Laws in Arkansas

Family Law Law in Arkansas: Overview

Arkansas family law is governed by Arkansas Code Title 9 (Family Law). The state follows equitable distribution for dividing marital property and recognizes both no-fault and fault-based grounds for divorce. Arkansas is one of three states offering covenant marriage, which imposes stricter requirements for dissolution. The state uses the income shares model for child support and applies the best interests of the child standard for custody. Arkansas requires a 60-day residency period before filing and imposes an 18-month separation period for no-fault divorce, one of the longest in the nation. Fault-based grounds include adultery, habitual drunkenness, cruel treatment, and indignities. Arkansas courts consider the length of marriage, financial needs, and earning capacity when awarding alimony. The state has made significant updates to its family law code in recent years, particularly regarding custody and domestic violence protections.

Key Statutes & Deadlines

Covenant Marriage and Divorce Restrictions

Arkansas, along with Arizona and Louisiana, offers covenant marriage. Couples who choose covenant marriage must complete premarital counseling and sign a declaration of intent. To dissolve a covenant marriage, a spouse must prove fault-based grounds such as adultery, felony conviction, physical or sexual abuse, habitual drug or alcohol abuse, or a separation period of at least two years. The covenant marriage option reflects Arkansas's public policy favoring marriage stability. However, only a small percentage of Arkansas couples choose covenant marriage. For standard marriages, both fault and no-fault options remain available, though the no-fault ground requires 18 months of continuous living separate and apart.

Property Division and Marital vs. Nonmarital Property

Arkansas divides property equitably upon divorce, distinguishing between marital and nonmarital property. Marital property includes all property acquired during the marriage, regardless of how title is held. Nonmarital property includes property acquired before the marriage, by gift or inheritance, and property excluded by a valid prenuptial agreement. When dividing marital property, courts consider factors including the length of the marriage, the age, health, and station in life of each party, the occupation and amount of each party's income, vocational skills, and the contribution of each party as homemaker. The court may also consider the need of the custodial parent to occupy the marital residence.

Child Custody and Visitation

Arkansas applies the best interests of the child standard in custody determinations. Courts may award sole or joint custody, and there is no presumption in favor of either parent based on gender. Factors considered include the child's relationship with each parent, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, and any history of domestic violence. Arkansas law requires the court to consider the willingness of each parent to facilitate a close relationship between the child and the other parent. For children age 14 and older, the court may consider the child's preference. Arkansas also recognizes grandparent visitation rights under certain circumstances.

Arkansas Court System

Family law cases in Arkansas are heard by the Circuit Courts, which serve as the state's courts of general jurisdiction. Arkansas has 28 judicial circuits, and each Circuit Court has jurisdiction over domestic relations matters including divorce, custody, child support, and adoption. Some circuits have designated family court divisions. Chancery courts, which historically handled equity matters including divorce, were merged into the Circuit Courts through a 2001 constitutional amendment. Appeals from Circuit Court family law decisions go to the Arkansas Court of Appeals and may be further reviewed by the Arkansas Supreme Court. Arkansas also utilizes domestic relations referees in some circuits to handle routine family law matters and make recommendations to the circuit judge.

Damages & Penalties

Arkansas courts divide marital property equitably, considering multiple statutory factors. Alimony may be awarded in Arkansas, with courts considering the financial circumstances of both parties, the couple's past standard of living, the length of the marriage, the age and health of each party, and the ability of the requesting spouse to become self-supporting. Arkansas recognizes temporary alimony (during the divorce), rehabilitative alimony (to allow a spouse to gain education or training), and permanent alimony in long-term marriages. Child support in Arkansas is calculated using the income shares model under Administrative Order 10 of the Arkansas Supreme Court, which considers both parents' incomes, the number of children, health insurance costs, and childcare expenses. The minimum child support obligation is $100 per month. Failure to pay child support can result in wage garnishment, tax refund intercepts, license suspension, passport denial, and contempt of court proceedings. Arkansas also permits criminal prosecution for persistent failure to pay support.

Recent Legislative Changes

Arkansas has updated its child support guidelines to reflect current economic data and the costs of raising children. The state has also expanded access to protective orders in domestic violence cases and streamlined procedures for obtaining emergency custody orders when children are at risk.

Frequently Asked Questions