Arkansas State Divorce Law

Someone seeking a divorce in Arkansas must have lived in the state for a minimum of 60 days, and they must file their Complaint for Divorce in Arkansas with the Chancery Court. There is also a 3 month waiting period before a divorce can be finalized. However, the grounds for divorce in Arkansas can be quite specific.

Arkansas Grounds for Divorce

There are both fault and no-fault divorces commonly granted in Arkansas.

Uncontested Divorce in Arkansas

In order to proceed with an uncontested divorce, both parties must have agreed to all elements of the divorce settlement, including division of property, pensions and retirement benefits; and child custody, in which one party will have sole custody. In addition, an uncontested divorce cannot proceed if either party is on active duty in the military.

Contested Divorce in Arkansas

If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce. The grounds for a contested divorce are the same as for pursuing a fault-based divorce in Arkansas.

Annulment in Arkansas

While a divorce is much easier to prove and to obtain, there are specific grounds for annulment listed under Arkansas law:

• Fraud
• Duress
• Bigamy, or the existence of a prior marriage
• Consanguinity, or marrying a half-blood or full-blood relative

No Fault Divorce in Arkansas

In order to obtain a no-fault divorce in Arkansas, there are just two requirements:

• The parties must have been separated for a minimum of 18 months
• There must be mutual consent from both parties, or there must be equal fault between them

Arkansas Fault Divorce

There are a number of legal reasons for seeking a fault-based divorce in Arkansas:

• Impotence
• Felony conviction or conviction of another infamous crime
• Habitual drunkenness for 1 year or more
• Cruel and barbarous treatment that endangers the life of a spouse
• Shameful requirements that result in such indignity that the spouse considers their position intolerable
• Adultery

Arkansas Divorce and Child Custody

Child Custody Laws

Arkansas courts are committed to pursuing the best interests of the child in all child custody determinations, making the parents of second, but equal, importance. There are, however, several issues of vital importance, such as:

• The preferences of the child
• The parent that will be more likely to allow contact with the non-custodial parent regularly and often
• Domestic abuse by either parent
• If it is considered to be the best option for the child, Arkansas courts will not hesitate to award custody to a grandparent of either sex.

Child Alimony

Arkansas follows the most recent revision of the family support chart to determine child support based on the Percent of Income Model, in most cases. Support continues until age 18, under most circumstances, and it is paid by wage assignment from the paying parent’s salary. Factors influencing the court’s order for child support include:

• The circumstances of the parent and child
• The nature of the case
• In addition, any excessive requirements that apply to a particular child would be considered.

Arkansas Divorce Spousal Support

In Arkansas, either parent may be awarded spousal support, or alimony.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Arkansas

Spouses in the military are protected by Arkansas law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Arkansas Divorce Lawyer?

While every state is different, the divorce lawyers in every state are not only well acquainted with their state divorce laws; they know the tendencies of the courts in their state. That knowledge makes cases move more swiftly and smoothly, eliminates some of the glitches that are made by the unfamiliar and uninformed, and can often result in a better settlement than the parties could have anticipated. Unless there is complete agreement between divorcing spouses, it is always wise to get the advice of an experienced divorce attorney to smooth the way to a lasting and equitable agreement.