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Divorce Laws in Arkansas

Arkansas has a three month waiting period, after filing, for divorce to be finalized.

Residency and Jurisdiction
You must have lived in the state of Arkansas for at least 60 days before you can file for divorce. If the filing party resides in Arkansas, then the proceedings must take place in the county where the filing party lives. If the filing party does not live in Arkansas, then the proceedings will take place in the county where the defendant lives.

Fault or no fault and grounds for divorce
Arkansas allows fault and no fault divorce. Grounds for no fault divorce are as follows:

When husband and wife have lived separate and apart from each other for eighteen 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.

Grounds for fault divorce are as follows:

  • 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
  • Be addicted to habitual drunkenness for one year
  • Be guilty of such cruel and barbarous treatment as to endanger the life of the other
  • 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

Division of Property
Arkansas is an “equitable distribution” state which normally means that property is not divided 50/50 but rather in a manner that the court deems fair to both parties. In Arkansas property is divided in half between the parties unless for some reason the court deems that division to be inequitable.

Spousal Support
Spousal support in Arkansas terminates upon:

  • The date of the remarriage of the person who was awarded the alimony; or
  • The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; or
  • The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage

Child Custody and Support
In determining child custody many factors are considered including:

  • Preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age
  • Past and future roles of the parents
  • Past domestic violence

Arkansas uses the Percentage of Income formula to calculate child support.

If you are considering or have been sued for divorce in Arkansas, contact an experienced Arkansas divorce attorney today.

Click here to select from Arkansas divorce lawyers in your area.

 
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Arkansas and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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