Arkansas Divorce Laws: Grounds, Residency, Fault vs. No-Fault, and Annulment (2025 Update)

Understanding the latest Arkansas divorce statutes is crucial for anyone considering ending a marriage in the state. Arkansas law specifies legal grounds for divorce, residency requirements, options for fault and no-fault divorce, criteria for annulment, and various procedural rules that must be followed. Below, we break down each of these key aspects of Arkansas divorce law.

Legal Grounds for Divorce in Arkansas

Arkansas requires a legally recognized reason (ground) to grant a divorce. The state allows both no-fault and fault-based grounds, but unlike many states, Arkansas does not allow “irreconcilable differences” as a standalone ground. Instead, a specific legal ground must be proven or met. All grounds for divorce must have occurred within the last five years before filing. Below are the divorce grounds defined by Arkansas law.

No-Fault Divorce Ground

• 18-Month Separation – Arkansas’s sole no-fault ground for divorce is continuous separation for at least 18 months without cohabitation (no sexual relations). Neither spouse has to prove wrongdoing; they must only show that they have lived apart for 18 consecutive months. This allows for a divorce based on an irretrievable breakdown of the marriage without assigning blame, provided the separation requirement is met.

Fault-Based Divorce Grounds

Arkansas recognizes several fault-based grounds where one spouse’s misconduct or situation is the cause for divorce. If you file on a fault ground, you will need to prove that ground in court. The fault-based grounds in Arkansas include:

• Impotence – One spouse was impotent at the time of marriage and continues to be unable to consummate the marriage.
• Felony Conviction – One spouse has been convicted of a felony or other infamous crime during the marriage.
• Habitual Drunkenness – One spouse has a habit of habitual drunkenness for at least one year continuously, meaning persistent alcohol abuse that makes marital life intolerable.
• Cruel and Barbarous Treatment – One spouse has treated the other with cruelty that endangers life. This refers to severe physical or emotional abuse.
• Indignities (Extreme Humiliation) – One spouse has offered such indignities to the other as to render the spouse’s condition intolerable. This means a continuous course of mistreatment, humiliation, or abusive behavior that makes married life unbearable. Occasional arguments are not enough; the conduct must be persistent and show hate or contempt.
• Adultery – One spouse has committed adultery (cheated) after the marriage. Proof of extramarital sexual intercourse is required for this ground.
• Incurable Insanity – The spouses have lived apart for three years due to one spouse’s incurable insanity, and that spouse has been confined to a mental institution for at least three years before filing. This ground requires medical proof of insanity and institutionalization.
• Willful Failure to Support – One spouse, despite having the ability, willfully fails to provide the other with the common necessities of life when legally obligated to do so.

If you proceed on a fault ground, the misconduct must have occurred in the five-year period before filing. Arkansas law also specifies that the grounds should have occurred in Arkansas (or, if out of state, they must constitute a legal ground under Arkansas law).

Residency Requirements for Divorce in Arkansas

To file for divorce in Arkansas, you must meet the state’s residency criteria. Arkansas has a two-pronged residency requirement:

• 60 Days Residency Before Filing: Either you or your spouse must have been an Arkansas resident for at least 60 days immediately before filing the divorce complaint.
• Three Months Residency Before Final Decree: Additionally, one spouse must live in Arkansas for a full three months before the final divorce judgment is entered. This means that even after filing, the case cannot be finalized until that spouse has at least three months of residency in total.

These residency rules ensure Arkansas has jurisdiction over the divorce. You will need to provide proof of residency, such as witness testimony or an affidavit.

Venue: The divorce should be filed in the county where the filing spouse (plaintiff) resides, unless the plaintiff is not an Arkansas resident. If the plaintiff lives out-of-state but the other spouse is an Arkansas resident, the case can be filed in the Arkansas county where the defendant resides.

Fault vs. No-Fault Divorce Options in Arkansas

Arkansas still requires specific grounds for divorce, which affects how you can proceed: you must either use the no-fault separation ground or allege one of the fault grounds.

• No-Fault Divorce: Choosing a no-fault divorce means no blame is assigned to either spouse for the marriage ending. However, the mandatory separation period requires spouses to live apart for 18 continuous months before the court can grant a no-fault divorce. This option is often used when both spouses mutually agree to end the marriage and are willing to wait out the separation period. The benefit is that it avoids proving misconduct in court.
• Fault-Based Divorce: A fault divorce does not require a long separation, but you must prove specific wrongdoing or conditions (such as adultery, cruelty, etc.). This option can be faster since you don’t have to wait 18 months, but it can be more difficult and confrontational. In a contested fault divorce, the accused spouse might fight the allegations, leading to a longer, costlier court process.

Annulment in Arkansas: Legal Criteria

An annulment is a legal decree that a marriage is void – as if it never legally existed. Arkansas courts grant annulments only in limited circumstances. The grounds for annulment generally involve a condition that made the marriage invalid from the start.

The main grounds for annulment in Arkansas include:

• Lack of Capacity to Consent: One or both spouses were not legally capable of consenting to the marriage. This can be due to being underage (without proper consent) or mental incapacity at the time of marriage.
• Physical Incapacity: One spouse was physically incapable of consummating the marriage, and this incapacity is deemed incurable.
• Fraud or Force (Duress): The marriage consent was obtained by fraud or by force. This means one spouse was tricked or coerced into the marriage.
• Incestuous Marriage: The spouses are close blood relatives, making the marriage void under Arkansas law.

To obtain an annulment, you must file a complaint for annulment in the circuit court and provide sufficient proof of the grounds.

Other Procedural Requirements in Arkansas Divorce

• Waiting Period for Final Decree: No divorce will be finalized until at least 30 days have passed from the date the complaint was filed. This is a mandatory waiting period under Arkansas law.
• Proof and Corroboration: The spouse who files for divorce (plaintiff) must prove the grounds for divorce with evidence or testimony. In uncontested cases, no corroboration is required for fault grounds, but proof of residency and separation is still necessary.
• Parenting Classes for Divorcing Parents: If the couple has minor children, courts may require the parents to attend a parent education class or mediation to address co-parenting after divorce.
• Filing and Documentation: Divorce is initiated by filing a Complaint for Divorce in the appropriate circuit court. The other spouse must be properly served with divorce papers and given an opportunity to respond.

References

1. Arkansas Code § 9-12-301 – Grounds for Divorce.
2. Arkansas Code § 9-12-307 – Residency & Waiting Period.
3. Arkansas Code § 9-12-201 – Annulment Grounds.
4. Arkansas Code § 9-12-306 – Corroboration Requirements.
5. Arkansas Code § 9-12-322 – Parenting Classes for Divorcing Parents.

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