Arkansas divorce law requires specific grounds to grant a decree of absolute divorce. Unlike some states, Arkansas doesn't allow divorce simply due to "irreconcilable differences." You must prove either fault-based grounds or meet the no-fault separation requirement to end your marriage legally.
The state follows equitable distribution principles for property division and prioritizes children's best interests in custody decisions. Working with experienced divorce lawyers helps ensure you understand your rights and obligations under Arkansas law.
Residency Requirements to File for Divorce
Before you can file for divorce in Arkansas, you must meet specific residency requirements established by Arkansas divorce law.
- You or your spouse must have lived in Arkansas for at least 60 days before filing divorce papers with the circuit court.
- Additionally, you must continue living in the state for at least three months before the court can finalize your divorce.
These residency requirements ensure Arkansas courts have proper jurisdiction over your case. You'll need to provide proof of residency, such as a driver's license, voter registration, or lease agreements, when you file your divorce papers.
Grounds for Divorce in Arkansas
Arkansas divorce law recognizes both fault-based and no-fault grounds for divorce. You must prove at least one ground to obtain a legal divorce.
No-Fault Divorce Ground
The only no-fault ground for divorce in Arkansas requires that you and your spouse have lived separately for 18 continuous months without cohabitation. This means no sexual relations or living together as a married couple during this entire period.
This 18-month separation requirement is one of the longest in the United States. You must provide evidence proving the separation, such as separate addresses, witness testimony, or lease agreements for different residences.
Fault-Based Grounds for Divorce
Arkansas divorce law recognizes several fault-based grounds for divorce:
- Adultery: When one spouse commits adultery after marriage. You must provide clear evidence of the extramarital relationship.
- Cruel and Barbarous Treatment: Physical or emotional abuse that endangers your life or makes living together impossible.
- General Indignities: Continuous mistreatment that makes your life intolerable. This is the most commonly used fault ground in Arkansas.
- Habitual Drunkenness: A pattern of excessive alcohol consumption for at least one year that affects the marriage.
- Convicted of a Felony: When your spouse is convicted of a felony or other serious crime during the marriage.
- Incurable Insanity: When your spouse has been institutionalized for mental illness for at least three years and you've lived separately for three years.
- Impotence: When your spouse was impotent at the time of marriage and continues to be unable to consummate the marriage.
- Failure to Support: When your spouse willfully fails to provide support despite having the ability to do so.
Filing Process and Required Steps
The divorce process in Arkansas involves several mandatory steps that must be followed according to state divorce laws.
Step 1: Prepare and File Divorce Papers
You must file a Complaint for Divorce with the circuit court in the county where you or your spouse lives. This document states your grounds for divorce and what you're requesting from the court.
Required documents typically include:
- Complaint for Divorce
- Confidential Information Sheet (if children are involved)
- Financial Affidavit
- Child Support Worksheet (if applicable)
Step 2: Pay Filing Fees
Arkansas courts charge filing fees, typically around $165, though amounts may vary by county. If you cannot afford the fees, you can request a waiver by filing a petition to proceed in forma pauperis.
Step 3: Serve Divorce Papers
After filing, you must properly serve your spouse with copies of all divorce papers. This can be done through:
- Sheriff's department
- Private process server
- Certified mail with return receipt
- Personal service by an uninterested third party
Your spouse has 30 days to respond after being served. If they don't respond, you may proceed with a default divorce.
Step 4: Discovery and Financial Disclosure
Both spouses must exchange financial information, including income, assets, debts, and expenses. This discovery process ensures fair property division and appropriate support calculations.
Step 5: Negotiation or Trial
If you can agree on all issues, you can submit a settlement agreement to the court. If not, disputed issues will be decided at trial by a judge.
Waiting Periods and Timeframes
Arkansas divorce law includes mandatory waiting periods that affect your case timeline.
The court cannot grant a final divorce decree until at least 30 days have passed since filing your divorce papers. This cooling-off period applies to all divorces, even uncontested cases.
For no-fault divorces, you must also satisfy the 18-month separation requirement before filing. This means the total time from separation to final divorce is at least 18 months plus 30 days.
Contested divorces typically take 6 months to 2 years to complete, depending on the complexity of issues and court schedules.
Property Division Under Arkansas Law
Arkansas follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. The court considers various factors when dividing assets and debts.
Marital vs. Separate Property
Marital property includes assets and debts acquired during marriage, while separate property belongs to one spouse individually. Arkansas divorce law protects separate property from division, though it can become marital property if commingled.
Factors in Property Division
Courts consider multiple factors when dividing marital property:
- Length of marriage
- Each spouse's age, health, and earning capacity
- Contributions to asset acquisition and preservation
- Standard of living during marriage
- Tax consequences of property division
Child Custody and Support
When children are involved, Arkansas divorce law prioritizes their best interests in all custody and support decisions.
Child Custody Determination
Arkansas courts prefer joint custody arrangements when possible, but several factors influence custody decisions:
- Each parent's relationship with the children
- Stability of home environments
- History of domestic violence or substance abuse
- Children's preferences (if age-appropriate)
- Parents' ability to cooperate in co-parenting
Child Support Guidelines
Arkansas uses specific guidelines to calculate child support based on both parents' income, number of children, and additional expenses like health insurance and childcare.
The non-custodial parent typically pays support to the custodial parent, with amounts determined by state guidelines. Deviations from guidelines are possible in special circumstances.
Spousal Support (Alimony)
Arkansas divorce law allows for spousal support but doesn't guarantee it. Courts have discretion in awarding alimony based on specific factors.
Types of Alimony
- Temporary: Support during divorce proceedings
- Rehabilitative: Short-term support to help a spouse become self-sufficient
- Permanent: Long-term or lifetime support (rare)
Factors for Alimony Awards
- Length of marriage
- Standard of living during marriage
- Each spouse's earning capacity and financial needs
- Age and health of both spouses
- Contributions to the marriage (including homemaking)
Alternatives to Traditional Divorce
Arkansas divorce law provides alternatives to contested court proceedings that may save time and money.
Mediation
Couples can work with neutral mediators to resolve disputes outside court. Successful mediation results in settlement agreements that courts typically approve.
Collaborative Divorce
Both spouses work with specially trained attorneys committed to reaching agreements without going to trial.
Legal Separation
Arkansas recognizes legal separation, allowing couples to live apart while remaining legally married. This can later be converted to divorce if desired.
Costs and Expenses
Divorce costs in Arkansas vary significantly based on case complexity and whether you hire a divorce attorney.
Court Costs
- Filing fees: ~$165
- Service fees: $25-75
- Copy and certification fees
- Mediation costs (if required)
Attorney Fees
- Hourly rates: $150-400+
- Flat fees for uncontested cases: $500-2,500
- Complex cases: $5,000-25,000+
Other Expenses
- Expert witnesses (appraisers, psychologists)
- Accountants for complex financial issues
- Counseling or parenting classes
Remember that divorce laws can be complex, and getting proper legal advice from experienced divorce lawyers ensures you navigate the process successfully while protecting your interests and those of your family.
Frequently Asked Questions About Arkansas Divorce Law
Can I get divorced in Arkansas if my spouse doesn't agree?
Yes, Arkansas allows unilateral divorce. If you can prove one of the fault-based grounds or meet the 18-month separation requirement for no-fault divorce, you can obtain a divorce even if your spouse objects. Your spouse cannot prevent the divorce by simply refusing to agree.
What happens if my spouse hides assets during our divorce?
Arkansas courts take asset concealment seriously. If you suspect hidden assets, your attorney can use discovery tools like subpoenas, depositions, and forensic accountants to locate undisclosed property. Courts can penalize spouses who hide assets by awarding a larger share of marital property to the honest spouse.
Can I modify child support or alimony after the divorce is final?
Yes, both child support and alimony can be modified if there's a material change in circumstances. For child support, this might include significant income changes, changes in custody, or the child's changing needs. Alimony modifications typically require proof of substantial changes in financial circumstances or other factors considered in the original award.
How long do I have to wait before I can remarry after my Arkansas divorce?
There's no waiting period for remarriage after your Arkansas divorce is finalized. Once you receive your final divorce decree, you're legally free to remarry immediately. However, make sure your divorce decree is truly final and not just a preliminary order.
Does adultery affect property division or alimony in Arkansas?
Yes, fault grounds like adultery can influence both property division and alimony decisions. While Arkansas follows equitable distribution, courts may award a larger share of marital property to the innocent spouse when fault is proven. Adultery may also affect alimony awards, potentially reducing support for the unfaithful spouse or increasing support for the innocent spouse.