Divorce in Arkansas

Mar 29

Going through a divorce can be a difficult time for you and your family. Divorces can be extremely stressful events and people often rush to the courthouse to “get their divorce” without consulting a qualified Arkansas Divorce Law Firm. Many times individuals rely on online divorce kits or online divorce forms to file with the court. Unfortunately, if individuals even make it to the courtroom, commonly their divorce request is denied because they have failed to comply with Arkansas divorce law. This post attempts to provide a general overview of the divorce requirements for Arkansas. In my opinion, you should always consult with an Arkansas divorce attorney about the facts of your particular case. This will ensure that you can make informed decisions when confronted with divorce proceedings and the dissolution of a marriage.

There is much debate among divorce lawyers about whether or not Arkansas technically has means of obtaining a “no fault divorce.” In my opinion, it really does not matter either way and the discussion is primarily academic. I tend to side with the position that Arkansas is a “fault” state for divorce. Others would argue that Arkansas recognizes a “no fault divorce” because a divorce can be obtained when the parties have lived separate and apart for eighteen (18) continuous months (irrespective of which party caused the separation). Regardless of whether or not “fault” is required for a divorce, it is clear that one must allege and prove “grounds” to obtain a divorce in Arkansas. “Grounds” are basically the situations that Arkansas recognizes as sufficient reasons to get a divorce. Without proving sufficient “grounds,” a judge will not grant you a divorce in Arkansas.

Grounds for Divorce in Arkansas

There are nine (9) grounds for divorce in recognized by Arkansas. These grounds are:

  1. Adultery
  2. Impotence
  3. Conviction of a felony or other major crime
  4. Habitual drunkenness of one (1) year
  5. Cruel treatment that endangers one’s life
  6. General indignities or problems that make your continued marriage intolerable
  7. Separation for eighteen (18) continuous months without living together
  8. Incurable insanity and your spouse’s commitment to an institution for at least three (3) years
  9. Willfully not providing you with life’s common needs. Ark. Code Ann. § 9-12-301

What are the steps for getting a divorce in Arkansas?

There are some general steps of obtaining a divorce here in Arkansas. Please keep in mind that every case is different and that your divorce proceeding may vary from the following process, especially if the matter is uncontested.

  1. You must file a Complaint for Divorce with the Circuit Court Clerk in your county and obtain a Summons. The complaint must allege “grounds” for the divorce and evidence that you have resided in the county in which you filed for at least sixty (60) days.
  2. You must serve a copy of the Complaint and Summons on your spouse. Service of the divorce documents can be done by the Sheriff, a private process server, or by mail. You must make sure that the means for service complies with the Arkansas Rules of Civil Procedure.
  3. Your spouse must file an Answer to your Complaint with his or her side of the story within twenty (20) or thirty (30) days, depending on if they are a resident of Arkansas, or risk a default judgment in your favor.
  4. Each party to the divorce proceeding will be allowed time to conduct “discovery” in the case. This may include depositions, interrogatories, and requests for documents.
  5. The court will schedule a hearing for the divorce proceeding. Both parties will be allowed to present their case in front of the judge. After hearing all of the evidence, the judge will make decisions on property and debt division, child custody, child support, and any other issues.
  6. The court will then enter a Divorce Decree in the case to bring the case to a final resolution. The decree cannot be entered earlier than thirty (30) days after you filed for divorce.

If you have additional questions about obtaining a divorce in Arkansas, please call our office to discuss your case further. We would be happy to meet with you and guide you through this difficult time.

 

 

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS DIVORCE MATTER, ARKANSAS FAMILY LAW MATTER, ARKANSAS CHILD SUPPORT MATTER, OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2010

 

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