Arkansas

Family Law

Family Law

Section 9-12-320 – Proceedings subsequent to decree – Change of venue

(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 transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree:

(a) Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or
(b) One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas.
(ii) The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered.
(B) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.
(C) In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent.
(D) Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered.
(b) If the court that granted the final decree agrees to transfer the case to another judicial district, the court shall enter an order transferring the case and charging the circuit clerk of the court of original jurisdiction to transmit forthwith certified copies of all records pertaining to the case.
(c) Subsequent to the transfer to a county in another judicial district, if the party residing in the county to which the case has been transferred removes from that county or from the State of Arkansas, the case shall be transferred back to the county of original jurisdiction or the county of residence of the party still residing in the State of Arkansas.
(d) The provisions of this section shall not repeal any laws or parts of laws in effect on March 3, 1975, relating to venue for divorce actions, but shall be supplemental thereto.

Ark. Code § 9-12-320

Acts 1975, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-1204.1, 34-1204.1n; Acts 1989, No. 184, § 1; 1999, No. 539, § 1; 1999, No. 1491, § 1; 2001, No. 1231, § 1