Arkansas

 Home Back

The following is a summary of Arkansas divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Arkansas Code and/or consult with an attorney about how the law might apply to your particular situation.

Grounds for Divorce in Arkansas.
The state of Arkansas shall grant a "no-fault" divorce if it finds that the parties have lived separate and apart from each other for 18 continuous months without cohabitation.

Arkansas also recognizes several fault-based grounds under their statutes. The following is a brief summary of those grounds, and if you are interested in using any of these grounds, it would be in your best interests to consult with an attorney about whether your particular situation warrants filing your divorce based on such grounds, and what type of proof might be needed.

(1) When either party, at the time of the contract, was and still is impotent;

(2) When either party shall be convicted of a felony or other infamous crime;

(3) When either party shall:

(A) Be addicted to habitual drunkenness for one (1) year;

(B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or

(C) Offer such indignities to the person of the other as shall render his or her condition intolerable;

(4) When either party shall have committed adultery subsequent to the marriage;

(5) In all cases in which a husband and wife have lived separate and apart for three consecutive years without cohabitation by reason of the incurable insanity of one of them.

In uncontested divorce suits, corroboration of plaintiff's grounds for divorce shall not be necessary or required.

In contested suits, corroboration of the injured party's grounds may be expressly waived in writing by the other spouse.

Proof of separation and continuity of separation without cohabitation must be corroborated. In uncontested cases, proof may be corroborated by either oral testimony or verified affidavit of persons other than the parties.

-From Sections 9-12-301 and 9-12-306 of the Arkansas Code

Filing Divorce in Arkansas.
If the petitioning spouse resides in Arkansas, then the divorce should be filed in the county where the petitioning spouse resides. If the petitioning spouse is not a resident of Arkansas, but the defendant is a resident of Arkansas, then your divorce shall be filed in the county where the defendant resides.

-From 9-12-303 of the Arkansas Code

Residency Requirements in Arkansas.
To obtain a divorce, the plaintiff must prove residence in the state by either the plaintiff or defendant for 60 days before filing for divorce, and residence in the state for 3 full months before the final judgment granting the decree of divorce. The word "residence" is defined to mean actual presence.

-From Section 9-12-307 of the Arkansas Code

Waiting Period Before Divorce is Finalized in Arkansas.
No decree of divorce shall be granted until at least 30 days have elapsed from the date of the filing of the complaint.

-From Sections 9-12-307 and 9-12-310 of the Arkansas Code

Additional Information.
The court may restore the wife to the name which she bore previous to the marriage being dissolved.

-From Section 9-12-318 of the Arkansas Code

When the parties to a divorce action have minor children residing with one or both parents, the court, prior to or after entering a decree of divorce, may require the parties to complete at least two hours of classes concerning parenting issues faced by divorced parents, or submit to mediation in regard to addressing parenting, custody, and visitation issues.

-From Section 9-12-322 of the Arkansas Code