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Arkansas Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On January 25, 2024

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Embarking on the process of divorce is often complex and emotionally challenging. For those considering or going through an Arkansas divorce, having a clear understanding of the steps and legal requirements is crucial. This comprehensive guide aims to clarify the nuances of the Arkansas divorce process, ensuring you're equipped with essential knowledge and insights. In this comprehensive guide, you will learn everything you need to know about Arkansas divorce, including:

How do you file for divorce in Arkansas?

When you decide to file for divorce in Arkansas, the process begins by preparing a legal document known as a Complaint for Divorce. This complaint is filed at the circuit court located in the county where the filing spouse resides. This critical document serves as the official request to the court to dissolve the marriage and outlines all pertinent information that the court needs to be aware of. This includes identification details of both spouses, the date and location of the marriage, any children from the marriage, the grounds for seeking a divorce, and a statement concerning residency requirements.

Within this complaint, you will also state any requests for relief, which can encompass a wide range of issues that need to be addressed and resolved as part of the divorce proceedings. These typically include the division of marital property and debts, requests for spousal support or alimony, and matters relating to the custody and support of any children from the marriage. In cases where spouses can reach an agreement on these matters outside of court, a Marital Settlement Agreement may be filed alongside the complaint, expediting the process significantly.

It is advisable to seek legal advice when drafting this document, as it lays the foundation for your divorce proceedings. Additionally, once the complaint is filed, the non-filing spouse must be formally served with divorce papers, which notifies them of the legal action and allows them the opportunity to respond. The response, or answer, will set the stage for the next steps in the divorce process, whether that path leads toward negotiation and settlement or litigation and trial.

What are the residency requirements for an Arkansas divorce?

For an Arkansas court to have jurisdiction over your divorce, the state requires that at least one spouse meets the residency qualification. The law mandates that one party must have been a bona fide resident of the state for at least 60 days prior to filing the Complaint for Divorce. Furthermore, the residency must be maintained throughout the divorce proceedings.

Proof of residency can come in various forms, such as a driver’s license, a state ID, or a sworn statement from a third party. In some cases, voter registration information or utility bills can also serve as evidence of establishing a home in the state. Meeting the residency requirements ensures that the court has the authority to make legal decisions regarding your divorce.

What are the grounds for divorce in Arkansas?

Understanding the acceptable grounds for divorce in Arkansas is essential for filing correctly. The state allows for both no-fault and fault-based divorces, providing couples with the flexibility to choose the path that best reflects the circumstances of their marriage breakdown.

A no-fault divorce is based on the assertion of irreconcilable differences between the spouses, indicating that the marriage is beyond repair and there is no reasonable likelihood that the couple can reconcile. This ground is often cited because it does not require proof of wrongdoing by either spouse.

On the other hand, if choosing to file on fault grounds, one must be prepared to provide evidence of the claimed misconduct. Fault grounds in Arkansas include but are not limited to adultery, habitual drunkenness for one year, cruel and barbarous treatment endangering the life of the other, and general indignities that render the condition of the innocent spouse intolerable. When fault grounds are claimed, the filing spouse must be prepared for a potentially more contentious and prolonged court process, as the accused spouse may contest the allegations.

How to get a quick divorce in Arkansas

If time is of the essence and both parties desire to end their marriage expeditiously, pursuing an uncontested divorce in Arkansas may be the most direct route. An uncontested divorce, also known as an agreed divorce, is feasible when both spouses have reached a mutual agreement on all the terms of their divorce without the need for judicial intervention.

These terms include the division of property, custody and visitation of children, child support, and spousal support. When agreements are fully negotiated and signed, they are presented to the court in the form of a Marital Settlement Agreement.

For couples seeking an uncontested divorce, the process may be significantly faster than a contested divorce, often resolved within a few weeks after the mandatory waiting period, provided the court's schedule allows. This expedited process is not only quicker but typically less expensive and less emotionally draining than a contested divorce. However, it requires cooperation and agreement between both parties on every aspect of their separation. If even one issue remains unresolved, the divorce cannot proceed as uncontested and will require mediation or court intervention to resolve.

Does Arkansas require separation before divorce? 

In Arkansas, whether or not a couple needs to live separately before a divorce can be granted depends on the grounds upon which the divorce is being filed. For those couples seeking a no-fault divorce — one where neither spouse is held responsible for the breakdown of the marriage — state law mandates an 18-month period of continuous separation without cohabitation. This means that for a year and a half, the couple must live apart without any periods of reconciliation, which could reset the separation clock. This requirement is designed to support the state’s stance on encouraging couples to reconcile if possible and to only consider divorce as a final solution.

The separation period must be verifiable, and typically, legal documentation or proof of separate residences may be required. This separation serves as a clear indicator that the marriage is irretrievably broken and there is no chance for the parties to repair their marital relationship.

On the flip side, for divorces where fault-based grounds are claimed, Arkansas law does not stipulate a required separation period before filing. Fault grounds include, but are not limited to, adultery, habitual drunkenness or drug abuse, general indignities, or cruelty. When one spouse alleges that the other's misconduct is the reason for the end of the marriage, they can proceed with filing for divorce immediately, without waiting for an 18-month separation.

This distinction in the separation requirement between no-fault and fault-based divorce filings reflects the state’s understanding that in some cases, waiting for an extended period is not practical or in the best interests of the parties involved. It also underscores the difference in the legal process and potential outcomes between uncontested and contested divorces, particularly in terms of the division of marital property, spousal support, and child custody arrangements.

How much will an Arkansas divorce cost? 

The financial implications of divorce in Arkansas can be quite variable, heavily influenced by the specifics of each case. Initially, every divorce process begins with a filing fee. This is a standard charge required to submit the divorce paperwork to the court. The exact amount can fluctuate slightly based on the county, but generally, this fee falls within a certain range that is established by state guidelines.

Beyond the filing fees, attorney fees become the next substantial cost factor. If you hire a lawyer to handle your divorce, their charges will be based on their hourly rate and how much time they spend on your case. A simple, uncontested divorce where the couple has already agreed upon the division of assets, alimony, and child custody will require less legal work and thus be less expensive. Conversely, a contested divorce, where the parties cannot agree and require mediation or court intervention to resolve their disputes, will demand more hours from the attorney, leading to higher costs.

Additional expenses in an Arkansas divorce may include court costs for motions and hearings, charges for having the other spouse served with divorce papers, and costs for document preparation and court filings throughout the process. If experts are needed — such as child custody evaluators, real estate appraisers, or financial analysts — their fees will further increase the overall cost.

Moreover, the presence of significant assets, businesses, or complex pension plans can complicate the division of property and require specialized legal knowledge or additional legal proceedings, which also add to the expense. Furthermore, if the divorce involves a trial, costs can escalate rapidly due to pre-trial discovery, trial preparation, and the trial itself.

It is also essential to consider the indirect costs of divorce. Time taken off work to attend court, the potential need for therapy or counseling, and the expenses associated with setting up a new, separate household can all impact the overall financial burden of the process.

In summary, while the filing fee for an Arkansas divorce is relatively predictable, the total cost of divorce can range widely, often reaching into the thousands of dollars, particularly if the divorce is contested or involves complex issues. Being prepared and understanding the potential costs can help manage expectations and aid in planning for this significant life change.

How long does an Arkansas divorce take? 

Navigating through the intricacies of divorce in Arkansas, the timeline is contingent upon numerous variables. For couples who are in mutual agreement on all facets of their divorce — known as an uncontested divorce — the process can be swift. Once the divorce paperwork is filed, there is a mandatory 30-day cooling-off period before the divorce can be finalized. If all goes smoothly, and the court's docket is not too backlogged, these straightforward cases can be resolved within a few weeks after the waiting period.

Conversely, for contested divorces where the parties cannot agree on critical issues such as asset division, child custody, or alimony, the process is inherently longer. The discovery phase alone, where each party gathers evidence supporting their claims, can take several months. If the case goes to trial, scheduling around the court's availability can extend the timeline even further. It is not uncommon for a contested divorce to last a year or more, especially if the case is complex or the parties are particularly contentious.

Furthermore, if either party appeals the court's decision, this can add a significant amount of time before the divorce is ultimately finalized. The duration of a divorce in Arkansas is also influenced by the efficiency of the attorneys involved, the willingness of both parties to negotiate, and the specific county's court system.

How is property divided in an Arkansas divorce? 

When it comes to property division in an Arkansas divorce, the law adheres to the equitable distribution approach. This does not necessarily mean a 50/50 split of marital assets and debts but rather a division that is fair and just to both parties. Equitable distribution is more flexible and accounts for a variety of factors to achieve a fair outcome.

The court evaluates several factors when deciding how to divide property equitably. These factors include:

  • The length of the marriage.
  • The age and health of each spouse.
  • The occupation and earning power of each spouse, including their skills and employability.
  • The contribution by one spouse to the education or earning potential of the other.
  • The contribution of each spouse to the acquisition, preservation, or appreciation of marital assets, including the contribution of a spouse as a homemaker.
  • The income and earning potential of each spouse, both at the time of the property division and in the future.
  • The financial circumstances of each spouse at the time of the division of property, including the desirability of awarding the family home to the custodial parent.
  • The federal income tax consequences of the property division.

It’s important to note that only marital property is subject to division. Marital property typically includes assets and debts acquired during the marriage. Separate property — such as inheritances, personal gifts, or assets owned prior to the marriage — is generally not divided and remains the property of the individual spouse.

The equitable distribution process is highly fact-specific and the court has broad discretion to determine what is equitable in each case. It is often advisable for spouses to reach an agreement on property division through negotiation or mediation to have more control over the outcome, rather than leaving it in the hands of the court.

How is child custody determined in Arkansas?

In Arkansas, as in all states, the paramount consideration when determining child custody is the best interest of the child. The state recognizes several forms of custody—legal custody, physical custody, joint custody, and sole custody—and does not inherently favor one parent over the other based on gender.

When Arkansas courts make a determination on child custody, they examine a variety of factors to ascertain what would best serve the child's welfare and happiness. These factors include, but are not limited to:

  • The preference of the child, if the child is of a sufficient age and capacity to reason, regardless of chronological age
  • The past and future roles of the parents
  • The psychological, emotional, and developmental needs of the child
  • The child's relationship with siblings and extended family members
  • The home, school, and community record of the child
  • Each parent’s ability and inclination to provide for the child’s emotional, moral, and educational needs
  • The stability and safety of the home environment offered
  • Any history of family violence or substance abuse

Arkansas law also considers the willingness and ability of each parent to facilitate a close and continuing contact between the child and the other parent. Custody decisions may involve independent investigations and sometimes include input from third-party professionals.

How does child support work in Arkansas?

Child support in Arkansas is calculated according to a set of guidelines that are designed to be fair to both parents and, most importantly, to adequately provide for the child's needs. The primary considerations in calculating child support include:

  • The gross income of both parents
  • The amount of time the child spends with each parent
  • Childcare expenses incurred by either parent as a result of employment or job search
  • Health insurance costs for the child

The state provides a child support chart that simplifies the process of determining the amount of support. Nonetheless, deviations from the standard guidelines may be warranted by the presence of special needs for the child, such as health issues, educational expenses, or other unique circumstances. Courts can adjust the child support amount if sticking strictly to the guidelines would be unjust or inappropriate.

How is alimony determined in Arkansas?

Alimony, also known as spousal support in Arkansas, is not automatically granted in divorce proceedings. It is awarded at the court’s discretion and is based on one spouse’s need and the other spouse's ability to pay. When considering alimony, Arkansas courts look at factors such as:

  • The financial circumstances of both spouses
  • The length of the marriage
  • The age, physical, and emotional condition of both spouses
  • The ability of the spouse seeking alimony to be self-sufficient, and the time necessary to achieve this
  • The standard of living established during the marriage
  • The ability of the paying spouse to provide support while maintaining their own standard of living

Types of alimony in Arkansas include temporary, short-term, or permanent, depending on the circumstances of the divorce and the future prospects of each spouse. It is important to note that alimony may be modified if there is a significant change in circumstances, and it typically terminates if the receiving spouse remarries or cohabitates with a new partner in a marriage-like relationship.

Conclusion 

Navigating an Arkansas divorce requires a thorough understanding of the legal landscape. By familiarizing yourself with the process, you can manage expectations and make informed decisions. It’s always recommended to seek legal advice tailored to your situation for the best outcome.

Arkansas divorce: Frequently Asked Questions

What is the first step to filing for divorce in Arkansas? 

The first step is to file a complaint for divorce with the circuit clerk in the county where you or your spouse resides.

Can I file for divorce in Arkansas if my spouse lives in another state? 

Yes, you can file for divorce in Arkansas if your spouse lives in another state as long as you meet the residency requirement of living in Arkansas for 60 days before filing.

Do both parties have to agree for a no-fault divorce in Arkansas? 

Not necessarily, but both parties must live separately for 18 months if filing under no-fault grounds without agreement.

Is Arkansas a 50/50 state when it comes to property division? 

No, Arkansas uses equitable distribution, meaning property is divided fairly but not always equally.

How can I keep the cost of my Arkansas divorce down? 

Agreeing with your spouse on divorce terms and minimizing court appearances can help reduce costs.

What if my spouse does not want a divorce in Arkansas? 

You can still obtain a divorce through contested proceedings, where a judge will make decisions on the terms.

How is child support enforced if my ex-spouse doesn't pay in Arkansas? 

The Office of Child Support Enforcement in Arkansas can take measures like wage garnishment to enforce child support orders.

Can I get alimony in Arkansas if I was at fault for the divorce? 

Fault may affect alimony decisions, but it doesn't automatically disqualify someone from receiving it.

How can I modify child custody in Arkansas? 

You can file a petition with the court showing a substantial change in circumstances since the original custody order.

If we settle our divorce out of court, do we still need to appear before a judge in Arkansas? 

If you settle your divorce out of court, you still need to appear before a judge in Arkansas. However, the proceedings are usually more straightforward if you've reached an agreement.