In Arkansas, divorce law is governed by several statutes that outline the requirements and procedures for obtaining a divorce. To initiate a divorce, the plaintiff must prove residency in the state for at least sixty days before filing the action and must maintain residency for three full months before the final judgment is granted. Additionally, no decree of divorce will be granted until at least thirty days have elapsed from the date of filing the complaint.
Grounds for Divorce
Grounds for divorce in Arkansas must be proven and corroborated, even if both parties agree to the divorce. The grounds for divorce in Arkansas are specified under Arkansas Code Annotated § 9-12-301. The circuit court has the authority to dissolve a marriage for several causes, including:
1. Impotence at the time of the marriage contract and continuing thereafter.
2. Conviction of a felony or other infamous crime.
3. Habitual drunkenness.
4. Cruel and barbarous treatment endangering the life of the other spouse.
5. Indignities rendering the condition of the other spouse intolerable.
6. Adultery committed after the marriage.
7. Living separate and apart without cohabitation for eighteen continuous months.
8. Living separate and apart for three consecutive years due to the incurable insanity of one spouse, provided the insane spouse has been committed to an institution.
Additionally, for covenant marriages, grounds for divorce include adultery, felony conviction with a death or imprisonment sentence, physical or sexual abuse, living separate and apart continuously for two years, habitual drunkenness for one year, cruel and barbarous treatment, and intolerable indignities.
Arkansas case law further clarifies that general indignities must involve conduct amounting to rudeness, contempt, studied neglect, or open insult, pursued habitually to such an extent that it renders the complaining party's condition intolerable.
In summary, Arkansas law provides multiple grounds for divorce, each requiring specific proof and, in some cases, corroboration.
Divorce Involving Children
In cases involving minor children, the court may require the parties to complete parenting classes or submit to mediation to address custody and visitation. Custody decisions are made based on the welfare and best interest of the child, with a preference for joint custody. The court may also order alimony and child support, which can be modified upon proper motion.
Division of Property
Marital property is generally divided equally unless the court finds that an equal division would be inequitable, in which case it will make an equitable division based on various factors such as the length of the marriage and the parties' financial circumstances. Any estate by the entirety or survivorship in property held by the parties is automatically dissolved upon the final decree of divorce unless the court orders otherwise.