Technical Filing Issues in Arkansas Divorce Litigation Addressed on Appeal

Posted: July 24, 2025

The Arkansas Court of Appeals recently reviewed a divorce dispute where a spouse appealed from a default judgment entered by the trial court that ordered her to pay the boarding-school expenses for one of the parties’ minor children. The appellant spouse also sought review of a subsequent order that awarded husband $1,650.00 in attorney’s fees. On appeal, wife argued that because she failed to receive notice of husband’s petition for relief due to technical issues with her attorney’s internet provider, the trial court erred in granting the default judgment. The Appellate Court disagreed and affirmed the Circuit Court.  The Appellate Court analyzed Administrative Order No. 21 which addresses electronic filings and procedures to be used in the event of technical issues with electronic filing.  Specifically, Administrative Order No. 21(12)(d) states that, in the event of a technical failure or other technical problems that impact filings or service, the affected party “may seek appropriate relief from the court. Sample language is attached to this order as Form A.” Form A is a declaration, under penalty of perjury, that the impacted party was unable to file in a timely manner. Form A also requires the party to explain, under oath, the technical failure and good faith efforts the party made to file and to inform.

The Court concluded that wife’s counsel did not complete Form A, and that there was nothing in the record other than statements to evidence a technical error that prevented receipt of electronic service of the petition for relief.  Because of the discretion afforded to the Circuit Court and the lack of evidence presented as to the technical issues, the Appellate Court affirmed the Circuit Court’s decision.  Thus, all attorneys and their clients must be careful to follow the procedures found in Administrative Order No. 21 if an electronic filing issue arises.

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