Arkansas divorce causes are the legal reasons that justify ending a marriage in the state. Understanding these grounds is essential for anyone considering filing for divorce, as Arkansas requires specific legal justifications for dissolving a marriage. Whether you're dealing with adultery, abandonment, or other marital problems, knowing the grounds for divorce in Arkansas helps you navigate the divorce process effectively with proper legal guidance.
Arkansas Divorce Law
Arkansas follows a fault-based divorce system, meaning you must prove specific grounds for divorce in Arkansas to obtain a divorce decree. Unlike some states that allow "irreconcilable differences" as a standalone ground, Arkansas requires either fault-based grounds or an 18-month separation period for no-fault divorce. This system, outlined in Arkansas Code 9-12-301, establishes clear legal standards for ending marriages in the state.
The state recognizes both fault-based and no-fault grounds, but each has specific requirements that must be met. Working with an experienced divorce attorney ensures you understand which grounds apply to your situation and how to present your case effectively in court.
No-Fault Divorce in Arkansas
Arkansas allows only one no-fault ground for divorce: continuous separation for 18 months without cohabitation. This means you and your spouse must have lived separately for at least 18 consecutive months without sexual relations during that time.
Requirements for No-Fault Divorce
The 18-month separation must be continuous and complete. Any resumption of marital relations or living together resets the clock, requiring you to start the separation period over. This separation can be:
- Voluntary by mutual agreement
- Initiated by one spouse unilaterally
- Due to circumstances beyond either spouse's control
You'll need to provide evidence of the separation period, such as separate addresses, witness testimony, or documentation showing when you began living apart. The court requires proof that the breakdown of the marriage is complete and there's no reasonable prospect for reconciliation.
Fault-Based Divorce Grounds in Arkansas
Arkansas recognizes eight specific fault-based grounds for divorce. These grounds must have occurred within five years before filing for divorce and must have taken place in Arkansas (or constitute recognized grounds under Arkansas law if they occurred elsewhere).
1. Adultery - Committed Adultery
When a spouse has committed adultery after marriage, it provides grounds for fault-based divorce. Adultery requires proof of extramarital sexual relations, which can be challenging to establish in court. Evidence may include:
- Witness testimony
- Photographs or video evidence
- Communications showing romantic involvement
- Hotel receipts or other circumstantial evidence
A divorce lawyer can help gather appropriate evidence while respecting privacy concerns and legal requirements for proof.
2. Cruel and Barbarous Treatment
This ground applies when one spouse's behavior endangers the other's life through physical or emotional abuse. Cruel and barbarous treatment includes:
- Physical violence or threats of violence
- Severe emotional abuse that creates fear
- Behavior that makes life intolerable due to danger
Evidence typically includes medical records, police reports, photographs of injuries, witness testimony, and documentation of threatening behavior. This ground requires proving that the treatment endangered life, not just caused unhappiness.
3. General Indignities
General indignities represent the most commonly used fault ground in Arkansas divorce cases. This ground applies when one spouse treats the other in ways that make life intolerable through continuous patterns of:
- Humiliation and degradation
- Verbal abuse and constant criticism
- Behavior showing hatred or contempt
- Actions that destroy marital harmony
The key requirement is that the behavior must be continuous and persistent, not just occasional arguments. Courts look for patterns of conduct that demonstrate a complete breakdown of the marriage relationship.
4. Habitual Drunkenness
Habitual drunkenness as grounds for divorce requires proving a continuous pattern of excessive alcohol consumption for at least one year. This ground focuses on addiction that makes married life intolerable, not occasional drinking.
Evidence may include:
- Medical records documenting alcohol abuse
- DUI convictions or arrests
- Witness testimony about drinking patterns
- Employment problems related to alcohol
- Treatment records from rehabilitation programs
5. Convicted of a Felony
When a spouse is convicted of a felony or other "infamous crime" during the marriage, it provides grounds for divorce. This ground recognizes that criminal behavior can destroy the foundation of marriage and make continued cohabitation inappropriate.
The conviction must occur after marriage, and you'll need to provide:
- Court records showing the conviction
- Sentencing documentation
- Proof that the crime occurred during the marriage
6. Impotence
Impotence as a divorce ground applies when one spouse was impotent at the time of marriage and continues to be unable to consummate the marriage. This ground requires medical evidence and is relatively rare in modern divorce proceedings.
7. Incurable Insanity
This ground applies when spouses have lived separately for three consecutive years due to one spouse's incurable insanity, with the insane spouse committed to a mental institution for at least three years before filing for divorce.
Requirements include:
- Medical evidence of incurable insanity
- Proof of institutional commitment
- Documentation of three-year separation
- Court adjudication of mental incompetence
The divorce decree requires the sane spouse to provide ongoing care and maintenance for the institutionalized spouse.
8. Willful Failure to Support
When a spouse who is legally obligated to provide support willfully fails to do so despite having the ability, it constitutes grounds for divorce. This applies when:
- The spouse has a legal obligation to support
- They possess the financial ability to provide support
- They willfully refuse to provide necessary support
- The failure creates hardship for the other spouse
The Arkansas Divorce Process
Filing for divorce in Arkansas involves several steps that vary depending on whether you're pursuing fault-based or no-fault grounds. Understanding the divorce process helps you prepare for what lies ahead.
Filing Requirements
To begin the divorce process, you must:
- Meet residency requirements (60 days before filing, 3 months total before final decree)
- File a Complaint for Divorce in the circuit court
- Pay required filing fees
- Serve your spouse with divorce papers
- Allow for a 30-day response period
Proving Fault Grounds
When filing for divorce based on fault grounds, you must provide evidence supporting your claims. This typically requires:
- Witness testimony from people who observed the behavior
- Documentary evidence, such as medical records or police reports
- Expert testimony in cases involving mental health or substance abuse
- Corroborating evidence that supports your allegations
However, Arkansas law provides exceptions to the corroboration requirement in uncontested divorces or when the defendant spouse waives the requirement in writing.
Impact of Fault on Divorce Outcomes
While Arkansas is primarily an equitable distribution state for property division, fault can influence various aspects of your divorce settlement:
Property Division
Fault may affect how marital property is divided, particularly when one spouse's misconduct directly impacted marital assets or when their behavior was particularly egregious.
Spousal Support
Courts may consider fault when determining alimony awards, potentially increasing support for an innocent spouse or reducing it for a spouse at fault.
Child Custody
While fault doesn't automatically determine custody, behavior that demonstrates poor judgment or creates unsafe conditions can influence custody decisions.
Defenses to Fault-Based Divorce
Spouses accused of fault-based grounds may raise several defenses:
Condonation
If the accusing spouse forgives the misconduct and resumes normal marital relations, they may be barred from using that conduct as grounds for divorce.
Recrimination
When both spouses are guilty of misconduct, the court may deny divorce based on the principle that neither spouse comes to court with "clean hands."
Denial
The accused spouse may simply deny the allegations, forcing the accusing spouse to prove their case in court.
Legal Representation and Professional Guidance
Given the complexity of Arkansas divorce law and the emotional challenges involved, working with qualified family law professionals is highly recommended:
When to Hire a Divorce Attorney
Consider legal representation when:
- Your case involves complex fault grounds requiring extensive evidence
- Significant assets or child custody issues are at stake
- Your spouse contests the divorce or raises defenses
- You're dealing with domestic violence or safety concerns
- The legal process seems overwhelming or confusing
Choosing the Right Divorce Lawyer
Look for attorneys with:
- Extensive experience in Arkansas family law
- Knowledge of local court procedures and judges
- A track record of handling cases similar to yours
- Clear communication and reasonable fee structures
- Professional credentials and good standing with the bar
Timeline and Costs
The divorce process timeline varies significantly based on your chosen grounds and case complexity:
No-Fault Divorce Timeline
- 18-month separation requirement
- An additional 30-day waiting period after filing
- Potentially faster resolution if uncontested
Fault-Based Divorce Timeline
- No separation requirement
- 30-day waiting period after filing
- Additional time needed for evidence gathering and court proceedings
- Longer if contested by the defendant spouse
Associated Costs
- Court filing fees ($150-$200)
- Service of process fees
- Attorney fees (varying widely based on complexity)
- Expert witness fees if needed
- Mediation costs for contested issues
Arkansas divorce causes encompass a range of legal grounds that justify ending a marriage in the state. Whether you're dealing with adultery, cruel treatment, general indignities, or other marital problems, understanding your options under Arkansas law helps you make informed decisions about your future.
The divorce process can be complex and emotionally challenging, but with proper legal guidance and understanding of the available grounds, you can navigate it successfully and achieve a resolution that protects your interests and those of your children. Remember that each case is unique, and consulting with an experienced Arkansas divorce attorney provides the personalized guidance necessary to achieve the best possible outcome in your specific situation.