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equitable distributionNo-Fault and Fault

Divorce in Arkansas

Arkansas permits both fault and no-fault grounds for divorce. The state uses equitable distribution for dividing marital property. Arkansas requires an 18-month separation period for no-fault divorce, making it one of the longer waiting periods in the country.

Quick Facts

Residency Requirement

60 days residency required

Waiting Period

18 months separation for no-fault

Filing Fee

$150-$350

Property Division

equitable distribution

Grounds for Divorce

  • β€’Separation for 18 months
  • β€’Adultery
  • β€’Cruel treatment
  • β€’Living apart for 3 years

Key Facts

  • β˜…Arkansas requires 18 months of continuous separation for no-fault divorce
  • β˜…Fault-based divorces can be processed more quickly
  • β˜…The state uses equitable distribution for property division
  • β˜…At least one spouse must have resided in Arkansas for 60 days
  • β˜…Arkansas has a covenant marriage option similar to Arizona and Louisiana

Child Custody

Arkansas courts determine custody based on the best interests of the child. The court favors arrangements that allow the child frequent and continuing contact with both parents, unless there is evidence of domestic violence or abuse.

Alimony / Spousal Support

Arkansas courts may award alimony based on the financial needs of one spouse and the ability of the other to pay. The court considers the length of the marriage, the standard of living, and each spouse's income and earning potential.

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FAQs

Common questions about divorce in Arkansas

For a no-fault divorce in Arkansas, yes, you must live separately for 18 continuous months. However, if you file on fault grounds such as adultery, abuse, or felony conviction, you may be able to divorce more quickly without the separation period.

At least one spouse must have been a resident of Arkansas for at least 60 days before filing for divorce. The divorce must be filed in the county where the plaintiff resides.

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