Arkansas

Divorce Law Guide

The facts about divorce in Arkansas

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Arkansas, a divorce can be completed on average in a minimum of 540 days, with court fees of $165.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Arkansas for a minimum of two months.

On this page, you can learn about Arkansas' grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Arkansas alimony calculation, the property division process and more.

The state of Arkansas sees divorce under two distinct headings, No-fault and fault divorces. The status of the divorce will dictate what type of procedure will be needed to complete the Complaint for Divorce.

A no-fault divorce is one where the spouses have been living apart for eighteen continuous months without being under the same roof. The court will grant an absolute decree of divorce to either party, even though one party may not be in agreement.

A fault divorce is one where something has happened to get the complaint. The courts of Arkansas recognize either party being convicted of a felony, be guilty of habitual drunkenness of one year, be guilty of cruel and barbarous treatment as to put the other spouses' life in danger, thrust indignities one the spouse that would render their condition intolerable, and when either party has committed adultery subsequent to the marriage.

To start the process, the Complaint for Divorce and a Decree of Divorce must be filled in the Chancery Court of your county. There can be up to twenty documents necessary for the proceeding, so it is essential to speak with the County Clerk to make sure the right papers are filed and at the right times.

In state of Arkansas a number of factors are taken into account when ending a marriage.

1. Arkansas Grounds for Divorce FAQ

Is Arkansas a no-fault divorce state?

Arkansas allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Arkansas may be "irreconcilable differences", or similar grounds.

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Does Arkansas allow at-fault divorces?

In addition to no-fault grounds for divorce, Arkansas is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Arkansas' at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

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Does the state of Arkansas allow incompatibility as grounds for divorce?

Yes, Arkansas does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Arkansas for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Arkansas, married couples who have been living separate and apart for a minimum of eighteen months may be granted a divorce on these grounds when sued for by either spouse.

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2. Arkansas Divorce Process FAQ

Does state of Arkansas allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Arkansas will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Arkansas?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Arkansas to get a divorce?

The state of Arkansas requires that spouses suing for divorce to have lived in the state for a minimum of two months prior to filing divorce papers. Otherwise, Arkansas courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Arkansas?

The court fees for filing the paperwork for a basic divorce in a Arkansas court is $165.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Arkansas?

If the process moves along without holdups, the paperwork for a divorce in Arkansas can be processed in a minimum of 540 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Arkansas General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Arkansas. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Arkansas permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Arkansas.

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Does Arkansas have any limitations on remarriage after a divorce?

Arkansas has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

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What is the divorce rate in Arkansas?

According to the most recent CDC study, the yearly divorce rate in Arkansas is 13 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

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Does Arkansas recognize same sex divorces?

Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Arkansas, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.