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. For a no-fault divorce, spouses must have lived apart for 18 continuous months, and no decree can be granted until 30 days after filing.

Quick Facts

Residency Requirement

60 days before filing, 3 months before decree

Waiting Period

30 days after filing (18 months apart for no-fault)

Filing Fee (approximate, varies by county)

$150-$350

Property Division

equitable distribution

Grounds for Divorce

  • Separation for 18 months
  • Adultery
  • Cruel treatment

Key Facts

  • Arkansas requires 18 months of continuous separation for no-fault divorce
  • Fault-based divorces can be processed more quickly
  • The state uses equitable distribution for property division
  • One spouse must have lived in Arkansas for 60 days before filing and 3 full months before the decree
  • 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 lived in Arkansas for 60 days before filing and for 3 full months before the final decree, and no decree can be granted until 30 days after filing. The divorce must be filed in the county where the plaintiff resides.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.