Divorce in Arkansas

Overview of Divorce in Arkansas

Arkansas provides both no-fault and fault-based grounds for divorce under ACA (Arkansas Code Annotated) Sections 9-12-301 et seq. The primary no-fault ground requires the parties to have lived separate and apart for 18 continuous months without cohabitation. Arkansas also recognizes several fault-based grounds, including adultery, cruel treatment, and habitual drunkenness. The state follows equitable distribution principles for dividing marital property and imposes a 30-day waiting period after filing.

For a general overview of the divorce process, see our complete guide to divorce.

Residency Requirements

To file for divorce in Arkansas, the filing spouse must have been a resident of the state for at least 60 days before filing the complaint. Additionally, the filing spouse must have resided in Arkansas for at least three full months before the court can enter the final decree. The divorce action is typically filed in the chancery court of the county where the plaintiff resides, or where the defendant resides if the plaintiff is a nonresident.

Grounds for Divorce

Arkansas recognizes the following grounds for divorce under ACA Section 9-12-301:

• 18-month separation: The spouses have lived separate and apart without cohabitation for 18 continuous months (no-fault).
• Adultery: One spouse has committed adultery.
• Cruel and barbarous treatment: One spouse has been subjected to treatment that endangers their life.
• Personal indignities: One spouse has been subjected to personal indignities that render their condition intolerable.
• Habitual drunkenness: One spouse has been habitually intoxicated for a period of one year.
• Felony conviction: One spouse has been convicted of a felony or other infamous crime.
• Impotence: One spouse was impotent at the time of the marriage.
• Incurable insanity: One spouse has been diagnosed with incurable insanity for a period of three years.

Most Arkansas divorces are filed on either the 18-month separation ground or on fault-based grounds such as personal indignities. The separation requirement for no-fault divorce is longer than in many states, which leads some filers to pursue fault-based grounds instead.

Filing Fees and Costs

Filing fees for divorce in Arkansas typically range from $150 to $250, depending on the county. Additional costs include service of process fees, any court-ordered mediation costs, and attorney fees. Fee waivers (in forma pauperis) are available for individuals who demonstrate financial hardship.

Waiting Period

Arkansas imposes a 30-day waiting period from the date of filing before the court can enter a final decree of divorce. In uncontested cases, the divorce may be finalized shortly after this period expires. Contested cases take longer, depending on the complexity of the issues and the court’s schedule.

Property Division

Arkansas follows the equitable distribution model for dividing marital property under ACA Section 9-12-315. Equitable distribution does not necessarily mean equal; the court divides property in a manner that is fair under the circumstances. Arkansas distinguishes between marital property (assets acquired during the marriage) and nonmarital property (assets owned before the marriage, inherited, or received as gifts).

The court considers factors including:

• The length of the marriage
• The age, health, and station of the parties
• The occupation and amount and sources of income of each party
• The vocational skills and employability of each party
• The contribution of each party to the acquisition, preservation, or appreciation of marital property, including homemaker contributions
• The federal income tax consequences of the court’s division
• The need of the custodial parent to occupy the marital home

Alimony in Arkansas

Arkansas courts may award alimony under ACA Section 9-12-312. Alimony in Arkansas is primarily rehabilitative in nature, designed to assist the lower-earning spouse in becoming self-supporting. The court considers factors such as the financial circumstances of both parties, the length of the marriage, the standard of living during the marriage, the earning capacity and health of each spouse, and the property awarded in the divorce.

Permanent alimony is available but is less commonly awarded, typically reserved for long-term marriages where the recipient cannot reasonably achieve self-sufficiency. Temporary alimony may be awarded during the pendency of the divorce proceedings.

The Divorce Process

The typical Arkansas divorce process includes the following steps:

1. Filing the complaint. One spouse files a Complaint for Divorce in the chancery court of the appropriate county.
2. Serving the other spouse. The defendant must be formally served with the complaint and summons.
3. Response. The defendant has 30 days to file an answer.
4. Waiting period. The mandatory 30-day waiting period runs from the date of filing.
5. Discovery. Both parties exchange financial information regarding income, assets, debts, and expenses.
6. Negotiation or mediation. The parties attempt to reach agreement on disputed issues.
7. Trial or settlement. If the parties reach an agreement, they present it to the court. Otherwise, the case proceeds to trial.
8. Final decree. The court enters the final decree of divorce.

Uncontested divorces in Arkansas can be finalized in one to three months. Contested divorces typically take six months to two years.

When to Consult an Attorney

Arkansas’s 18-month separation requirement for no-fault divorce, combined with the availability of fault-based grounds, creates strategic decisions that benefit from professional guidance. Fault-based grounds can sometimes accelerate the timeline but also introduce additional complexity and litigation risk. Cases involving significant assets, child custody disputes, or alimony claims are especially well suited for legal representation. To discuss your situation, schedule a free consultation.