USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Aaron Bundy and Grace Ann Green, Bundy
2.6 Cohabitation: Division of Assets Between Unmarried Couples Family law courts in Arkansas treat unmarried individ ‑ uals 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 mat ‑ ter the length of time a couple has cohabited or held themselves out as married. 2.7 Enforcement of Financial Orders If a party fails to comply with a valid court order, includ ‑ ing 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. 2.8 Media Access and Transparency in Financial Proceedings 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, par ‑ ticularly 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. 2.9 ADR in Financial Matters Arkansas courts tend to look favourably upon the mediation process in divorce and financial disputes. Under Section 16-7-201 of the Arkansas Code Anno ‑ tated, 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 Alter ‑
native 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.
3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings
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 sig ‑ nificant connections – ie, the state in which substantial evidence of the child’s care, protection, training and personal relationships exists. 3.2 Living/Contact Arrangements and Child Maintenance 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;
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