32 chapters · 940 sections in this title.
Ark. Code Ann. § 9-12-308 Effect of collusion, consent, or equal guilt of parties
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If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other…
Ark. Code Ann. § 9-12-309 Maintenance and attorney's fees — Interest
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(a) (1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may:(A) (i) Allow to the wife or to the husband maintenance;(ii) Allow a reasonable fee for his or her attorneys; and(iii) Allow expert witnes…
Ark. Code Ann. § 9-12-310 Waiting period before rendition of decree
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Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of the complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from b…
Ark. Code Ann. § 9-12-311 Legitimacy of children not affected
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The injured party may apply for a decree of divorce, but no divorce shall affect the legitimacy of the children born previously to entering the decree in the case.
Ark. Code Ann. § 9-12-312 Alimony — Child support — Bond — Method of payment — Definition
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(a) (1) When a decree is entered, the court shall make an order concerning the care of the children, if there are any, and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case.(2) Unless otherwise ordered b…
Ark. Code Ann. § 9-12-313 Enforcement of separation agreements and decrees of court
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Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce and decrees or orders for alimony and maintenance by sequestration of the property of either party, or that of his or…
Ark. Code Ann. § 9-12-314 Modification of allowance for alimony and maintenance — Child support
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(a) The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint f…
Ark. Code Ann. § 9-12-315 Division of property — Definition
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(a) At the time a divorce decree is entered:(1) (A) All marital property shall be distributed one-half (½) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into con…
Ark. Code Ann. § 9-12-316 Property settlements
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In any divorce suit in which a written property settlement involving real property is entered into by the parties and reference is made to the settlement in the divorce decree, a copy of that portion of the property settlement involving real property shall be filed and recorded w…
Ark. Code Ann. § 9-12-317 Dissolution of estates by the entirety or survivorship
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(a) Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwis…
Ark. Code Ann. § 9-12-318 Restoration of name
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In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name that she bore previous to the marriage dissolved.
Ark. Code Ann. § 9-12-319 Nonresident defendants — Warning orders — Entry of decree
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In all divorce actions pending or filed in any of the circuit courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the cler…
Ark. Code Ann. § 9-12-320 Proceedings subsequent to decree — Change of venue
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(a) (1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree.(2) (A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be t…
Ark. Code Ann. § 9-12-321 Annulment of decree of divorce
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The proceedings for annulling a final judgment for a divorce from the bond of matrimony shall be a joint petition of the parties, verified by both parties in person, filed in the court rendering the judgment, upon which the court may forthwith annul the divorce.
Ark. Code Ann. § 9-12-322 Divorcing parents to attend parenting class
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(a) When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to:(1) Complete at least two (2) hours of classes concerning parenting issues faced by divorced p…
Ark. Code Ann. § 9-12-323 Joint credit card accounts
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(a) (1) After a court has determined or approved a property settlement agreement establishing the party responsible for any joint credit card account debt in a divorce action maintained or being maintained in the courts of this state, the nonresponsible party may notify the issue…
Ark. Code Ann. § 9-12-324 Decree dissolving a covenant marriage
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In all divorce decrees that dissolve a covenant marriage created under the Covenant Marriage Act of 2001, § 9-11-801 et seq., the court shall enter a finding that the marriage being dissolved is a covenant marriage.
Ark. Code Ann. § 9-12-325 Condonation abolished
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(a) The defense of condonation to any action for absolute divorce or divorce from bed and board is abolished. (b) The abolition of the defense of condonation under this section shall not affect the application of § 9-12-308.
Ark. Code Ann. § 9-13-101 Award of custody — Definition
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(a) (1) (A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.(ii) In determining the best interest of the child, the court may…
Ark. Code Ann. § 9-13-102 Visitation rights of brothers and sisters
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The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rig…
Ark. Code Ann. § 9-13-103 Visitation rights of grandparents when child is in custody of parent — Definitions
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(a) For the purposes of this section:(1) “Child” means a minor under eighteen (18) years of age of whom the custodian has control and who is:(A) The grandchild of the petitioner; or(B) The great-grandchild of the petitioner;(2) “Counseling” means individual counseling, group coun…
Ark. Code Ann. § 9-13-104 Transfer of custody on school property
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(a) In order to avoid continuing child custody controversies from involving public school personnel and to avoid disruptions to the educational atmosphere in our public schools, the transfer of a child between the child's custodial parent and noncustodial parent, when both parent…
Ark. Code Ann. § 9-13-105 Criminal records check
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(a) Any parent of a minor child in a circuit court case may petition the court to order a criminal records check of the other parent of the minor child or other adult members of the household eighteen (18) years of age or older who reside with the parent for custody and visitatio…
Ark. Code Ann. § 9-13-106 Attorney ad litem programs
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(a) The Director of the Administrative Office of the Courts is authorized to establish attorney ad litem programs to represent children in guardianship cases in circuit court when custody is an issue. (b) When a circuit judge determines that the appointment of an attorney ad lite…
Ark. Code Ann. § 9-13-107 Visitation rights of grandparents when parent does not have custody of child — Definitions
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(a) For purposes of this section:(1) “Child” means a minor under eighteen (18) years of age who is:(A) The grandchild of the petitioner; or(B) The great-grandchild of the petitioner; and(2) “Petitioner” means any individual who may petition for visitation rights under this sectio…
Ark. Code Ann. § 9-13-108 Visitation — Preference of child
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In an action under this subchapter concerning a person's right to visitation with a minor child, the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.
Ark. Code Ann. § 9-13-109 Drug testing — Proceedings concerning child custody, visitation, or welfare of child — Definition
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(a) For purposes of this section, “drug” means any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq. (b) In a proceeding concerning child custody, child visitation, or the welfare of a child, the court may order drug testing of a party u…
Ark. Code Ann. § 9-13-110 Parents who are members of armed forces or are first responders — Definitions
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(a) As used in this section:(1) “Armed forces” means:(A) Any regular or reserve component of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, or United States Coast Guard; and(B) The National Guard of any …
Ark. Code Ann. § 9-13-301 Noncustodial parent's right to child's scholastic records — Definitions
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(a) As used in this subchapter:(1) “Child” means any person under eighteen (18) years of age; and(2) “College” means any public institution of higher education. (1) “Child” means any person under eighteen (18) years of age; and (2) “College” means any public institution of higher…
Ark. Code Ann. § 9-13-302 Penalty for noncompliance
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Refusal by any school district or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fin…
Ark. Code Ann. § 9-13-401 Title
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This subchapter shall be known as the “International Child Abduction Prevention Act”.
Ark. Code Ann. § 9-13-402 Definitions
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(1) As used in this subchapter:(1) “Child” means a minor under eighteen (18) years of age who is the subject of a custody or visitation:(A) Matter currently pending before a court; or(B) Order that has been issued by a court;(2) “Court” means any circuit court of competent jurisd…
Ark. Code Ann. § 9-13-403 Prevention of international child abduction
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A custodian or parent may petition or move the court under this subchapter to determine whether one (1) or more of the measures described in § 9-13-406 is necessary to protect a child from the risk of international child abduction.
Ark. Code Ann. § 9-13-404 Considerations of court
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(1) To determine a matter under this subchapter, the court shall consider:(1) The best interests of the child;(2) The right of a parent for frequent and continuing contact with his or her child;(3) The rights of a custodian under an order from a court of competent jurisdiction in…
Ark. Code Ann. § 9-13-405 Abduction risk factors
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(a) To determine if there is a risk of international child abduction, the court shall consider:(1) (A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6).(B) In defense of th…
Ark. Code Ann. § 9-13-406 Abduction prevention measures
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(a) If the court finds that it is in the best interest of the child to take measures to protect the child from international child abduction under this subchapter, then the court may take any of the following actions:(1) Appoint a person as the sole managing custodian of the chil…
Ark. Code Ann. § 9-13-407 Ex parte relief
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(a) A court shall immediately conduct an ex parte hearing if a petitioner:(1) Alleges that:(A) An emergency exists; and(B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6); and(2) Requests an ex parte hear…
Ark. Code Ann. § 9-14-101 Implied consent to jurisdiction for child support and maintenance or to establish paternity — Service of process
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(a) Any person who establishes or acquires a marital domicile in this state, who contracts marriage in this state, or who becomes a resident of this state while legally married, and subsequently absents himself or herself from the state leaving a dependent natural or adopted chil…
Ark. Code Ann. § 9-14-102 Wage assignment and deduction — Definitions
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(a) As used in this section:(1) “Political subdivision thereof” means all cities of the first class, cities of the second class, incorporated towns and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and(2) “State …
Ark. Code Ann. § 9-14-103 Quarterly report of funds, moneys, etc., received for child support
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(a) (1) (A) Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits,…
Ark. Code Ann. § 9-14-104 [Repealed.]
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A.C.A. § 9-14-104Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 9-14-105 Petition for support — Definitions — Limitations period
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(a) The circuit courts in the several counties in this state shall have exclusive jurisdiction in all civil cases and matters relating to the support of a minor child or support owed to a person eighteen (18) years of age or older that accrued during that person's minority. (b) T…
Ark. Code Ann. § 9-14-106 Parents — Amount of support — Definition — Retroactivity of initial order
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(a) (1) (A) In determining a reasonable amount of support initially or upon review to be paid by a parent, the court shall refer to the most recent revision of the family support chart.(B) It shall be a rebuttable presumption for the award of child support that the amount contain…
Ark. Code Ann. § 9-14-107 Change in income warranting modification — Definition
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(a) (1) A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support.(2) (A) (i) Any time a court orders chi…
Ark. Code Ann. § 9-14-108 Transfer between local jurisdictions
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(a) (1) The court where the final adjudication of child support is rendered shall retain jurisdiction of all matters following the entry of the decree.(2) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established …
Ark. Code Ann. § 9-14-109 Automatic assignment of rights
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(a) By accepting public assistance for or on behalf of a dependent child, which public assistance is provided by the Department of Human Services under the Transitional Employment Assistance Program, i.e., Temporary Assistance for Needy Families Program, the recipient thereof sha…
Ark. Code Ann. § 9-14-110 Arkansas Registry of Child Support Orders — Definition
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(a) As used in this section, “child support order” means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who …
Ark. Code Ann. § 9-14-201 Definitions
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(1) As used in this Code:(1) (A) “Accrued arrearage” means a delinquency that is past due and unpaid and owed under a court order or an order of an administrative process established under state law for support of any child or children.(B) “Accrued arrearage” may include past due…
Ark. Code Ann. § 9-14-202 Exclusivity of remedies
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The remedies provided in this subchapter shall not be exclusive of other remedies presently existing.
Ark. Code Ann. § 9-14-203 [Superseded.]
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A.C.A. § 9-14-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved