By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024
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State laws regulate the divorce process. Arkansas divorce statutes dictate residency requirements, waiting periods, alimony, and grounds for divorce. Here, we'll discuss the legal requirements for dissolving a marriage in the State of Arkansas. We'll also provide a chart that breaks down Arkansas divorce laws.
If you're considering divorce, you should learn the divorce laws in Arkansas. This will make the process less intimidating. It may also help to discuss your divorce case with a skilled Arkansas divorce lawyer. They know the law and how to navigate the family court system in Arkansas.
You must meet the state's 60-day residency rule to file for divorce in Arkansas. You or your spouse must live in the state for at least 60 days before filing your divorce papers. You must live in Arkansas for at least three months before the family judge can issue your final divorce decree. This 30-day waiting period extends the residency rule by one more month.
Not every state recognizes legal separation. Arkansas is one of the states that does. If you and your spouse aren't sure divorce is the best option, you can separate for a few months to think things over. You can apply to the court for a legal separation. You can submit a copy of your separation agreement when you submit your request.
Your separation agreement will outline the same terms as your divorce settlement agreement. These terms include:
Of course, with a legal separation, these decisions may be temporary. You wouldn't discuss selling the marital home until you're sure you're filing for divorce.
The benefit of drafting a separation agreement is that the courts can convert it into your marital settlement agreement. The judge would review it and ensure you've included the necessary divorce terms. Once the judge approves your agreement, they will finalize your divorce.
Every state recognizes no-fault divorce, including Arkansas. In a no-fault divorce case, you can't blame someone for the divorce. Instead, you must certify to the court that you and your spouse are experiencing irreconcilable differences. You must also confirm that you can't repair the marriage.
If you file a no-fault divorce complaint, you must submit proof that you and your spouse have lived separately. You must show that you and your spouse have lived separate and apart (and without domestic relations) for 18 months.
Arkansas also offers the option of a fault-based divorce. If you file this type of divorce, you must cite specific grounds for divorce in your complaint.
According to Arkansas Code 9-12-301, the grounds for divorce include:
If you cite any of these grounds for divorce in your complaint, you must submit proof that your spouse engaged in the behavior.
Besides deciding whether you'll file a no-fault or fault-based divorce, you must also choose the type of divorce you'll file. The two main types: uncontested and contested. With an uncontested divorce, you and your spouse agree to the divorce terms. You also agree that divorce is the best option.
Uncontested divorces proceed much faster than contested divorces. You and your spouse disagree on material divorce terms in a contested divorce. Your divorce attorney will ideally negotiate a settlement with your spouse's lawyer. If this isn't possible, your case will go to trial.
At your divorce trial, both sides present their arguments before the judge. The judge will then decide on the outstanding legal issues. It's best to settle these issues with your spouse. Once you put your divorce case in the hands of the judge, you'll lose control over these decisions.
The main provisions of Arkansas divorce law are in the chart below. See FindLaw's Divorce section for a variety of helpful articles and resources.
| Code section | § 9-12-301 et. seq. of the Arkansas Code |
|---|---|
| Residency requirements | 60 days |
| Waiting period | 30-day waiting period (unless the parties lived separately for 12 months before filing the divorce complaint) |
| No-fault grounds for divorce | Separation for at least 18 months |
| Defenses to a divorce filing | Collusion, consent, or equal guilt in adultery |
| Other grounds for divorce |
|
Note: State laws can change at any time, usually through new legislation and higher court decisions. Contact an Arkansas divorce attorney or conduct research to verify your state's laws.
Every divorce case is unique. The best way to protect your legal rights is to consult an experienced divorce attorney in Arkansas. Your Arkansas divorce lawyer will know how to negotiate with your spouse's attorney and ensure a relatively successful outcome. They're also familiar with Arkansas divorce laws.
Contact a qualified attorney.
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