By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 06, 2023
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The dissolution of marriage, most commonly referred to as divorce, is regulated by state laws. Statutes determine residency requirements for divorcing spouses, waiting periods, grounds for seeking a divorce, and other legal requirements and processes for dissolving a marriage.
Some form of "no-fault" divorce is allowed in all U.S. states, which means neither party needs to prove the other's responsibility for the breakup. But a spouse still may claim other grounds under most state laws, including domestic violence or chronic substance abuse. Many states also require a minimum period of separation before courts will grant a divorce.
This article provides a brief overview of Arkansas divorce laws.
Under Arkansas statute, no-fault divorce is granted only when the parties have lived "separate and apart" (no cohabitation) for 18 continuous months. A legal separation is not necessary for meeting this requirement. Additionally, a party may file for divorce for any of the following faults:
The main provisions of Arkansas divorce law are listed 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 |
One party must be a resident at least 60 days before action and a resident 3 months before the final decree is granted |
Waiting Period |
Unless parties have lived separate and apart for 12 months before filing the complaint or unless the defendant is constructively summoned by the publication of a warning order, no divorce decree shall be rendered in any action brought on any grounds (except bigamy) before the 30th day following the day upon the action for divorce is commenced |
'No-Fault' Grounds for Divorce |
Separation: (lived separate and apart for 18 mos.) |
Defenses to a Divorce Filing |
Collusion, consent, or equal guilt in adultery |
Other Grounds for Divorce |
Impotence; conviction of a felony or infamous crime; habitual drunk for one year or cruel and barbarous treatment or offers indignities; adultery; separate for 18 continuous months; committed for incurable insanity for 3 yrs. (other additional requirements) |
Note: State laws are never permanent and may change at any time, usually through the enactment of new statutes but sometimes through higher court decisions or other means. You may want to contact an Arkansas attorney or conduct your own legal research to verify the state law(s) you are researching.
Every divorce case is unique in some way, and the best way to ensure that your particular concerns are addressed is to work with an experienced divorce attorney in Arkansas. After all, a divorce lawyer will know how to negotiate with the other party and ensure a relatively successful outcome.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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