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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Arkansas divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Division of property
Alimony
Parenting classes
Child custody
Name restoration
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:
- When either party, at the time of the contract, was and still is impotent;
- When either party shall be convicted of a felony or other infamous crime;
- When either party shall:
- Be addicted to habitual drunkenness for one (1) year;
- Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or
- Offer such indignities to the person of the other as shall render his or her condition intolerable;
- When either party shall have committed adultery subsequent to the marriage;
- When 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 (1) party or by the mutual consent of both parties or due to the fault of either party or both parties;
- In all cases in which a husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) 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, has been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by the 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 (1) of whom shall be a regularly practicing physician in the community wherein the spouse resided, and when 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.
- When 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. (Arkansas Code, Title 9, Paragraph 9-12-301)
What is the difference between fault divorce and no-fault divorce?
To obtain a divorce, the plaintiff must prove that either plaintiff or defendant resided in the state of Arkansas for sixty (60) days next before the commencement of the action and a at least for three (3) full months before the final judgment granting the decree of divorce.
The word "residence" is defined to mean actual presence in the state. (Arkansas Code, Title 9, Paragraph 12-307)
No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint.
The proceedings shall be in the county where the complainant resides.
When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse. (Arkansas Code, Title 9, Paragraph 12-307)
At the time a divorce decree is entered:
- 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; and
- 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. (Arkansas Code, Title 9, Paragraph 9-12-315)
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. (Arkansas Code, Title 9, Paragraph 9-12-315)
When a decree of divorce is entered, the court shall make orders concerning the alimony of the wife or the husband and the care of the children, if there are any, as are reasonable from the circumstances of the parties and the nature of the case. (Arkansas Code, Title 9, Paragraph 12-312)
When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to:
- Complete at least two hours of classes concerning parenting issues faced by divorced parents; or
- Submit to mediation in regard to addressing parenting, custody, and visitation issues.
Each party shall be responsible for his or her cost of attending classes or mediation.
The parties may:
- Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or
- Select a mediator not on the roster, if approved by the judge.
Upon a motion, a party to divorce action may be relieved from parenting classes upon a good cause shown. (Arkansas Code, Title 9, Paragraph 9-12-322)
In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.
In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age. (Arkansas Code, Paragraph 9-13-101)
In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name which she bore previous to the marriage dissolved. (Arkansas Code, Title 9, Paragraph 9-12-318)
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