What You Need to Know About Divorce in Arkansas: Laws, Custody, Property & More

Forming an LLC in Arkansas: A Quick Guide for Small Business Owners

Tue, 13 May 2025 13:59:25 GMT

Everything You Need to Know to Start and Protect Your Business the Right Way in Arkansas

Starting a new business is exciting — but it's also filled with legal decisions that can affect your success long-term. One of the most important early steps is choosing the right business structure. For many entrepreneurs in Arkansas, forming a Limited Liability Company (LLC) offers the right mix of protection, flexibility, and ease.

At Jensen Young & Butler, PLLC, our business law attorneys in Benton help new and growing businesses across Central Arkansas build strong legal foundations.

What Is an LLC?

An LLC (Limited Liability Company) is a legal structure that blends the benefits of a corporation with the simplicity of a sole proprietorship or partnership. It protects your personal assets from business debts and lawsuits while offering tax flexibility and fewer formalities than a traditional corporation.

Benefits of Forming an LLC in Arkansas

Limited Personal Liability

Your personal finances (home, car, savings) are generally protected if your business is sued or faces debt.

Pass-Through Taxation

Profits pass directly to owners (called “members”) without being taxed at the business level.

Flexible Management

You can operate as a single-member LLC or with multiple members, with minimal red tape.

Professional Credibility

Having “LLC” in your business name adds legitimacy when dealing with clients, banks, and vendors.

Steps to Form an LLC in Arkansas

Here’s a quick overview of what’s involved in forming your LLC:

1. Choose a Name

Your business name must be unique and include “LLC” or “Limited Liability Company.” You can check name availability through the Arkansas Secretary of State website.

2. File a Certificate of Organization

Submit your Certificate of Organization (Form LL-01) with the Arkansas Secretary of State, along with the required $45 fee (online) or $50 (paper filing).

3. Appoint a Registered Agent

This is the person or business who receives legal documents on behalf of your LLC. It must be an Arkansas resident or authorized company with a physical address in the state.

4. Create an Operating Agreement

While not required by law, an operating agreement outlines the rules for running your LLC — especially important for multi-member businesses.

5. Get an EIN from the IRS

You’ll need an Employer Identification Number (EIN) to open a business bank account, hire employees, and file taxes.

Do I Need a Lawyer to Form an LLC?

You’re not required to use a lawyer — but having one ensures your LLC is set up correctly and strategically, especially if you:

Have multiple members
Are unsure how to manage liability or taxes
Plan to hire employees or seek outside funding
Want to integrate business planning with estate planning or asset protection

At JYB Law, we help entrepreneurs avoid common mistakes, protect their interests, and set up LLCs tailored to their goals.

Ongoing Requirements for Arkansas LLCs

Once your LLC is formed, you’ll need to:

File annual franchise tax reports with the Arkansas Secretary of State
Maintain updated business licenses or permits
Keep accurate records and a separate business bank account

We provide ongoing legal support to help small businesses stay compliant as they grow.

Ready to Launch Your Arkansas Business?

Whether you’re just getting started or restructuring an existing company, our team at Jensen Young & Butler, PLLC is here to help you make smart legal decisions from day one.

Why Every Adult Needs a Will — Even If You're Young and Healthy

Tue, 13 May 2025 13:37:30 GMT

Why Every Adult Needs a Will — Even If You're Young and Healthy

Think you're too young for a will? Think again. Learn why every adult in Arkansas should have an estate plan — and how a Benton estate attorney can help protect your future.

When most people think of estate planning, they imagine retirees, wealthy families, or those facing serious illness. But the truth is, every adult in Arkansas — regardless of age or income — should have a will.

At Jensen Young & Butler, PLLC, our estate planning attorneys in Benton work with clients at all stages of life to create simple, legally sound plans that protect their assets, loved ones, and future.

You’re Not Too Young to Plan Ahead

Life is unpredictable. Whether you're 25 or 55, a will ensures that your wishes are respected if something unexpected happens. If you die without a will in Arkansas, the state decides who gets your assets — and it might not be what you want.

Even if you:

Don’t have kids yet
Rent your home
Are just starting your career

…you still have belongings, money, digital assets, and loved ones who could be affected.

What Happens Without a Will in Arkansas?

If you pass away without a valid will (also called “dying intestate”), Arkansas law will distribute your property based on a strict legal formula. That can lead to:

Family disputes
Assets going to estranged relatives
Delays in probate
No control over personal items or digital accounts

Creating a will gives you, not the state, control over your property and legacy.

What a Will Can Do — Even for Young Adults

A simple will can:

Name who receives your property
Designate a guardian for minor children or pets
Choose someone you trust to handle your estate
Prevent confusion and stress for your loved ones

You can also coordinate your will with a power of attorney and healthcare directive, so your wishes are honored if you’re ever unable to speak for yourself.

Common Misconceptions About Wills

“I don’t have enough assets to need one.”

Even modest savings, personal items, or a vehicle can create conflict without a will.

“I’ll wait until I have kids.”

Tragedy can strike at any age — it’s better to plan early and update as life changes.

“It’s too expensive or complicated.”

Not with the right guidance. At JYB Law, we offer affordable estate planning in Benton and Central Arkansas tailored to your life stage.

Update Your Will as Life Changes

Getting married, buying a home, having children, or starting a business? These are all reasons to update your estate plan. Think of your will as a living document — not a one-time task.

Make It Easier for Those You Love

One of the greatest gifts you can give your family is clarity and peace of mind. A well-drafted will can prevent unnecessary court proceedings, reduce stress, and ensure your wishes are honored.

Talk to an Estate Planning Attorney in Arkansas

Whether you're a newlywed, new parent, or simply thinking ahead, the estate planning attorneys at JYB Law are here to help you create a customized plan that fits your life — and evolves with it.

DUI vs. DWI in Arkansas: What’s the Legal Difference and Why It Matters

Mon, 12 May 2025 19:59:31 GMT

DUI vs. DWI in Arkansas: What’s the Legal Difference and Why It Matters

Confused about DUI vs. DWI in Arkansas? Learn the key legal differences, penalties, and how an experienced DUI attorney in Benton or Little Rock can protect your rights.

If you've been pulled over for suspected drunk or drugged driving in Arkansas, you might hear the terms DUI and DWI — sometimes interchangeably. But under Arkansas law, these two charges have distinct legal meanings and penalties. Understanding the difference can make a major impact on your case — and your future.

At Jensen Young & Butler, PLLC, our experienced DUI and DWI attorneys in Benton defend clients across Central Arkansas, including Little Rock, Bryant, and Hot Springs.

What’s the Difference Between DUI and DWI in Arkansas?

DWI (Driving While Intoxicated)

A DWI in Arkansas typically refers to adult drivers (21 and older) operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. It can also apply if you're impaired by drugs (prescription or illegal) or refuse a chemical test.

Key facts about DWI in Arkansas:

Applies to alcohol or drug impairment
Standard for adult drivers is 0.08% BAC
Carries harsher penalties than DUI

DUI (Driving Under the Influence)

A DUI charge in Arkansas is typically reserved for drivers under the age of 21 with a BAC of 0.02% or higher — known as a “zero tolerance” policy. It’s considered a lesser offense than DWI but can still result in serious consequences.

Penalties for DWI in Arkansas

DWI penalties vary depending on prior offenses, BAC level, and whether any aggravating factors (like injury or child passengers) are present. For a first offense, penalties may include:

Up to 1 year in jail
Fines up to $1,000
Driver’s license suspension (6 months or more)
Mandatory alcohol education or treatment

Subsequent offenses result in increased jail time, longer license suspensions, and the possibility of an ignition interlock device being installed on your vehicle.

Penalties for DUI (Under 21)

Although DUI is typically treated as a misdemeanor, it can still carry lasting consequences:

Fines and court costs
Community service
Mandatory alcohol education
Driver’s license suspension
Even one underage DUI can affect college applications, scholarships, and job prospects.

Refusing a Chemical Test: What Happens?

Arkansas has an Implied Consent Law, meaning that if you're lawfully arrested for DWI or DUI and refuse to take a breath or blood test, your license may be automatically suspended — even if you’re not convicted.

You have the right to appeal the suspension, but the clock starts ticking immediately. This is one reason to speak with a DWI lawyer in Benton or Little Rock as soon as possible.

Long-Term Consequences

Both DUI and DWI convictions can show up on background checks and lead to:

Higher insurance premiums
Difficulty finding employment
Restricted travel to some countries
Problems in child custody or family law cases

Do You Need a DUI or DWI Attorney in Arkansas?

Yes — and quickly. Whether you’re facing your first DWI or a repeat offense, legal guidance can make the difference between a reduced charge and serious long-term penalties.

At JYB Law, we:

Analyze the legality of the traffic stop
Challenge flawed chemical tests
Represent you in administrative license hearings
Negotiate plea deals or fight for dismissal when appropriate

Call JYB Law for Trusted DWI & DUI Defense

If you’ve been charged with DUI or DWI in Benton, Little Rock, or anywhere in Central Arkansas, don’t navigate the system alone. Our attorneys will fight to protect your rights, your license, and your future.

How a Criminal Record Affects Your Future — and What You Can Do About It in Arkansas

Mon, 12 May 2025 19:48:55 GMT

A criminal record can limit your job, housing, and future opportunities. Learn how criminal convictions affect your life in Arkansas — and what steps you can take to clear your name.

A criminal conviction doesn't just impact your present — it can follow you for years, affecting everything from employment and housing to your reputation and personal relationships. If you’ve been charged or convicted in Arkansas, it's important to understand your rights and your options for moving forward.

At Jensen Young & Butler, PLLC, our experienced criminal defense attorneys in Benton work with clients throughout Central Arkansas to minimize the long-term consequences of criminal records.

What Is a Criminal Record?

A criminal record is a permanent log of any arrests, charges, or convictions tied to your name. Even if you were not convicted, an arrest may still appear on background checks unless action is taken to remove it.

Criminal records may include:

Misdemeanor and felony convictions
Arrests without convictions
Deferred adjudications or probation
Charges that were later dismissed

How a Criminal Record Can Affect Your Life

1. Employment Opportunities

Many employers run background checks. A past conviction — especially for theft, violence, or drug charges — can disqualify you from job opportunities, professional licenses, or promotions.

2. Housing & Renting

Landlords often screen tenants. A criminal history can lead to denied applications or limited access to quality housing, particularly for felony convictions.

3. College & Financial Aid

Some colleges and scholarship programs restrict access for applicants with certain convictions. Drug charges, in particular, may affect your financial aid eligibility.

4. Gun Rights

Felony convictions and some misdemeanor domestic violence charges can lead to the loss of your right to own or carry a firearm in Arkansas.

5. Reputation & Relationships

Even a single mistake can damage your personal reputation, affect child custody cases, or create barriers in social and professional circles.

Can You Clear a Criminal Record in Arkansas?

Yes — Arkansas law allows expungement (also known as “sealing” a record) for many non-violent offenses, first-time convictions, and even some felonies. Sealing a record makes it invisible to the public, including employers and landlords, though it may still be visible to law enforcement.

You may qualify for expungement if:

You completed probation or a diversion program
Your case was dismissed or you were acquitted
You have only one non-violent felony
The offense qualifies under Arkansas Code § 16-90-1401

Our team can evaluate your record and guide you through the expungement process.

What If You’re Facing New Charges?

The best way to protect your future is to avoid a conviction in the first place. If you’ve been arrested, it’s critical to speak with a qualified criminal defense lawyer in Arkansas right away.

JYB Law defends clients facing:

DUI/DWI charges
Drug possession or trafficking
Assault, battery, and domestic violence
Theft, burglary, and white-collar crimes
Juvenile offenses

Take Control of Your Future Today

A criminal record doesn’t have to define your life. Whether you're seeking expungement or need immediate defense against new charges, JYB Law is here to help.

How Arkansas Courts Decide Child Custody: A Parent’s Guide to Your Rights

Mon, 12 May 2025 19:29:19 GMT

Wondering how child custody works in Arkansas? Learn how courts decide custody, what “best interest of the child” means, and how a Benton custody attorney can help.

When going through a divorce or separation in Arkansas, few issues are as emotional — or as critical — as child custody. Whether you're hoping to gain primary custody, share joint custody, or simply want to understand your rights, knowing how Arkansas courts make these decisions is essential.

At Jensen Young & Butler, PLLC, we help parents across Benton, Bryant, Little Rock, and surrounding areas navigate the custody process with clarity and confidence.

Understanding Custody in Arkansas

Arkansas law recognizes two main types of custody:

Legal custody – The right to make major decisions about the child’s life (e.g., education, healthcare, religion).

Physical custody – Where the child lives and who is responsible for daily care.

Courts can award:

Joint custody (shared by both parents), or

Sole custody (to one parent, with or without visitation rights for the other).

The “Best Interest of the Child” Standard

Above all, Arkansas courts base custody decisions on what’s in the best interest of the child. This is not just a phrase — it’s a legal standard that weighs multiple factors, including:

The child’s age, needs, and emotional ties to each parent

Each parent’s ability to provide a stable home

Work schedules and availability

History of domestic violence or substance abuse

Willingness to cooperate with the other parent

There is no automatic preference for mothers or fathers. Courts look at parenting ability, not gender.

Joint Custody in Arkansas

While joint custody is often favored, it’s not guaranteed. It’s most likely to be awarded when:

Both parents demonstrate cooperation and communication

There’s no history of abuse or neglect

The arrangement is practical given the parents' locations and schedules

If joint custody isn’t feasible, the court will assign primary custody to one parent, often with a visitation schedule for the other.

Modifying a Custody Order

Custody isn’t always permanent. You can request a modification if there has been a material change in circumstances, such as:

A parent relocating

Changes in work schedule

Issues with compliance or care

Our Arkansas custody lawyers help parents petition the court for fair custody modifications when needed.

Do I Need a Child Custody Lawyer?

While not legally required, working with an experienced child custody attorney in Benton or Central Arkansas ensures your voice is heard and your rights are protected — especially in complex or contested cases.

At JYB Law, we:

Help you prepare and present your case clearly

Negotiate parenting plans

Represent you in court when necessary

Advocate for your child's best interest and your parental rights

Serving Families Across Central Arkansas

Whether you’re just beginning the custody process or facing a dispute, JYB Law is here to help. We proudly represent parents in Benton, Little Rock, Bryant, Hot Springs, Malvern, and beyond.

Schedule a Free Consultation

Let us guide you through every step of your child custody case with clarity and care.

What You Need to Know About Divorce in Arkansas

Mon, 12 May 2025 19:08:17 GMT

Considering divorce in Arkansas? Learn about divorce laws, child custody, property division, alimony, and how an experienced Arkansas divorce attorney can help protect your future.

Divorce can be one of the most challenging and emotional experiences a person faces. Whether you're considering filing or responding to a divorce petition, understanding how divorce works in Arkansas is critical to protecting your rights, your finances, and your future. At Jensen Young & Butler, PLLC, our experienced Arkansas divorce lawyers are here to guide you every step of the way.

Grounds for Divorce in Arkansas

Arkansas is one of the few states that still recognizes fault-based divorce, though no-fault divorce is also an option. The most common no-fault ground is separation for 18 months without cohabitation .

Fault-based grounds include:

Adultery
Habitual drunkenness
Cruel and inhuman treatment
Conviction of a felony
Desertion for over a year

Understanding which grounds apply can affect the outcome of your case — especially in issues involving property division or alimony.

Residency Requirements

To file for divorce in Arkansas, at least one spouse must have lived in the state for a minimum of 60 days before filing. The divorce decree will not be finalized until at least three months after filing.

Property Division in Arkansas

Arkansas follows an “equitable distribution” model. That means marital property isn’t necessarily split 50/50 — it's divided fairly based on factors like:

Length of the marriage
Each spouse’s financial situation
Contributions to the marriage (financial and non-financial)
Fault, if applicable

Our divorce attorneys in Benton and Little Rock work to ensure your financial future is protected during settlement negotiations or litigation.

Child Custody and Support

Child custody is often the most emotionally charged aspect of a divorce. Arkansas courts prioritize the best interest of the child, considering:

Each parent’s ability to provide stability
History of domestic violence or abuse
The child’s relationship with each parent

Joint custody is common, but not guaranteed. We help clients navigate child custody in Arkansas with a focus on protecting the well-being of your children.

Child Support

Arkansas uses a standardized formula based on income, number of children, and other costs. However, deviations can occur depending on specific circumstances — having a knowledgeable family law attorney in Central Arkansas is key.

Alimony (Spousal Support)

Alimony isn’t automatic in Arkansas. Courts may award temporary or permanent support based on:

Duration of the marriage
Standard of living during the marriage
Earning capacity of both spouses

We help you determine whether spousal support applies in your case — and advocate for a fair outcome.

Do You Need a Divorce Lawyer in Arkansas?

Technically, no — but going through divorce without legal representation can lead to costly mistakes, especially in cases involving children, high-value assets, or business ownership. Our Benton divorce attorneys provide:

Clear legal advice tailored to your case
Negotiation and litigation support
Compassionate, results-driven advocacy

Areas We Serve

JYB Law proudly represents clients in Benton, Bryant, Little Rock, North Little Rock, Hot Springs, Malvern, Sheridan, and throughout Central Arkansas.

Ready to Talk?

If you're considering divorce or have already been served, now is the time to protect your future. Contact JYB Law today to schedule a free consultation with an experienced Arkansas divorce attorney.