Arkansas recognizes both fault-based and no-fault grounds for divorce. The no-fault ground requires the spouses to have lived separate and apart without cohabitation for 18 continuous months, which is longer than most states. Fault-based grounds include impotence at time of marriage, conviction of a felony or infamous crime, habitual drunkenness for one year, cruel and barbarous treatment endangering the life of the other spouse, adultery, incurable insanity for three years, and living apart for three consecutive years due to the insanity of one spouse.
To file for divorce in Arkansas, the plaintiff files a Complaint for Divorce in the Chancery Court of the county where the plaintiff resides, or where the couple last lived together. The filing fee is $165 statewide. The complaint must be served on the other spouse through personal service by the county sheriff or a private process server. The defendant has 30 days to file an answer. A Resident Witness Affidavit is required to prove the residency requirement has been met.
The plaintiff must have been a bona fide resident of Arkansas for at least 60 days before filing the complaint. Additionally, the court cannot grant a final divorce decree until the plaintiff has been a resident for a full three months. If the grounds for divorce occurred in Arkansas, only the defendant needs to be a resident. Military members stationed in Arkansas for 60 days can meet the residency requirement.
Arkansas follows equitable distribution principles when dividing marital property in a divorce. Under Arkansas Code §9-12-315, all marital property is distributed equally (one-half to each party) unless the court finds that an equal division is inequitable. In that case, the court divides property equitably after considering several statutory factors. Arkansas distinguishes between marital property (acquired during the marriage) and non-marital property (owned before marriage, inherited, or received as a gift).
When an equal split would be inequitable, Arkansas courts consider the length of the marriage, the age, health, and station in life of each party, each spouse's occupation and earning ability, the amount and sources of income, vocational skills, and employability of each party. The court also evaluates each spouse's contribution to the acquisition, preservation, or appreciation of marital property, including contributions as a homemaker. The federal income tax consequences of the property division and any prior obligations from previous marriages are also considered.
Arkansas courts determine child custody based on the best interests of the child, as outlined in Arkansas Code §9-13-101. The court may award custody to either parent or to both parents jointly. Arkansas law establishes a rebuttable presumption that joint custody is in the best interest of the child when both parents agree to it.
Arkansas recognizes legal custody (authority to make significant decisions regarding the child's health, education, and welfare) and physical custody (the child's primary residence). Joint custody arrangements may include joint legal custody, joint physical custody, or a combination. The court will specify a detailed visitation schedule in any sole custody arrangement.
Courts evaluate the psychological relationship between the parents and the child, the need for stability and continuity, the preference of the child if of sufficient age and capacity, the past conduct of the parents including any history of domestic abuse, the reasonable preference of the child, the willingness of each parent to facilitate a close relationship with the other parent, and the mental and physical health of all individuals involved. Arkansas courts may also consider which parent has been the primary caretaker and the proximity of the parents' residences to each other.
The minimum timeframe for a divorce in Arkansas is 30 days from the date of filing. Uncontested divorces typically take two to three months to finalize. Contested cases involving property disputes or custody battles can take six months to over a year. If using the no-fault ground of living separate and apart, the 18-month separation must be completed before filing.
Yes, you may represent yourself (pro se) in an Arkansas divorce. The Arkansas Legal Services Partnership provides resources and forms for self-represented litigants. However, hiring an attorney is advisable if your divorce involves significant assets, business interests, real estate, or contested custody matters.
A Resident Witness Affidavit is a sworn statement from someone other than the filing spouse who can verify that the plaintiff has lived in Arkansas for the required period. This witness must be someone with personal knowledge of your residency, such as a neighbor, employer, or friend who has observed your continuous presence in the state.
Separation is only required if you are using the no-fault ground for divorce. In that case, spouses must live separate and apart for 18 continuous months without cohabitation. If you file on fault-based grounds such as adultery or cruel treatment, no separation period is required before filing.