Arkansas Divorce Information
The following information is to provide a basic understanding of the various aspects of divorce in the State of Arkansas.
You can get more specific information regarding Arkansas divorce laws using the links provided to Arkansas divorce laws or at your local library.
This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
Arkansas Divorce Resources
| Residency Requirements | 60 days |
| Where to File | The county in which the plaintiff resides |
| Grounds for Divorce | The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes:
- Where either party, at the time of the contract, was and still is impotent;
- Where either party shall be convicted of a felony or other infamous crime;
- Where either party shall be addicted to habitual drunkenness for one (1) year, shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall offer such indignities to the person of the other as shall render his or her condition intolerable;
- Where either party shall have committed adultery subsequent to the marriage;
- Where husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one party or by the mutual consent of both parties or due to the fault of either party or both parties;
- In all cases where a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three (3) or more years prior to the filing of the suit, been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by such court and the proof of insanity is supported by the evidence of two (2) reputable physicians familiar with the mental condition of the spouse, one of whom shall be a regularly practicing physician in the community wherein such spouse resided and, where the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one (1) of the physicians of the institution wherein the insane spouse has been confined;
- Where either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.
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| Voluntary or required mediation | No |
| Voluntary or recommended Counseling | Yes |
| Property Distribution | All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration:
- The length of the marriage;
- Age, health, and station in life of the parties;
- Occupation of the parties;
- Amount and sources of income;
- Vocational skills;
- Employability;
- Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income;
- Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker;
- The federal income tax consequences of the court's division of property
When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter.
All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1) of this section, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage
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| Child Custody | The courts award what is in the best interest of the child.
The following factors are generally considered:
- The situations of both parents and child
- The nature of the divorce
Uniform Child Custody Act: 1979
Is Joint Custody awarded? When in the best interests of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents. To this effect, the circuit court may consider awarding joint custody of a child to the parents in making an order for custody
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? NO
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| Child Support | In determining a reasonable amount of child support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart.
- It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded.
- Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted.
- The family support chart shall be revised at least once every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards.
- The committee shall also establish the criteria for deviation from use of the chart amount.
- The Supreme Court shall approve the family support chart and criteria upon revision by the committee for use in this state and shall publish it through per curiam order of the court.
- The court may provide for the payment of child support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls before graduation from high school so long as such child support is conditional on the child remaining in school.
- The court also may provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent.
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| Spousal Support | Support may be granted to either spouse to be paid in installments for a specific amount of time. The time is subject to change under circumstances, like re-marriage or death.
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Arkansas Divorce Attorneys by County
Click on any AR county below to find a divorce attorney in your area.
Arkansas Divorce Mediators by County
Click on any AR county below to find a divorce mediator in your area.
DISCLAIMER:
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.
The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.
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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.
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