Overview of Divorce in Arkansas

The following is an overview of divorce in Arkansas. Divorce in Arkansas may be filed as either fault or no fault, with property divided according to the “equitable distribution” principle, albeit leaning toward a 50/50 distribution, and spouse and child support determined by percentage of income.

Residency and Filing Requirements

You must be a resident of Arkansas for at least 60 days prior to filing for divorce in Arkansas, and there will be a three month waiting period for the divorce to be finalized after the initial filing.

Grounds for Filing

Divorce may be either Fault or No-Fault in Arkansas.

A No-Fault divorce can be filed by mutual consent or on the grounds that husband and wife have been separated for 18 continuous months without cohabitation at the suit of either party.

A fault divorce may be filed when either party was and still is impotent, when either party is convicted of a felony, is habitually drunk, treats the other cruelly and barbarously enough to endanger the life of the other, or offers such indignities as to render his or her condition intolerable, or commits adultery.

If you may need legal assistance with a Divorce matter, consult with a Divorce Attorney in your area to receive a free case review.

Property Distribution

Arkansas is an "equitable distribution" state. Equitable distribution doesn’t imply that the property will be divided equally but that it will be divided fairly. The court will encourage both parties to agree on a settlement of property and debt, otherwise the court will decide. The court will distribute one half to each party, unless the court finds such a division to be inequitable. In that case, the court will consider age and health, occupation of the parties, their other income, each party’s contribution to the marriage, earning capability and other factors.

Restoration or Name Change

The court may restore the wife to the name that she bore previous to the marriage.

Spousal Support

Not all cases will involve one spouse supporting the other, and the obligation to financially support the other either temporarily or permanently is decided on a case-by-case basis. It is agreed upon by both parties or determined by the court. Unless the court decides otherwise, alimony shall cease when the person receiving alimony remarries, among other factors, usually having to do with receiving child support from other parties.

Child Custody and Support

The Arkansas courts will do everything possible to mitigate the emotional trauma children may experience from the parents’ divorce. If the parents cannot come to an agreement regarding issues involving the children, the court will establish custody at its discretion and considering the best interests of the child, including the child’s preferences if they are of sufficient age and capacity to reason.

Arkansas determines child support according to the Percentage of Income formula, calculating support as a percentage of the income of the non-custodial obligated parent.

If you may need legal assistance with a Divorce matter, consult with a Divorce Attorney in your area to receive a free case review.