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Arkansas divorce laws: Getting the divorce you want and need

On Behalf of | Jul 14, 2018 | Firm News

Arkansas is a great place to live, but is it a good place to go through a divorce? Every state is different, so there’s no question that you could run into circumstances in Arkansas that you wouldn’t in another state.

It’s for this reason that the first thing you should do is find out if Arkansas is the only state where you can get a divorce or if it’s the one where you want to file. If so, then there are a few things you should know about the state laws.

Arkansas has unique divorce faults

While many states allow for at-fault divorces due to incarceration or adultery, Arkansas includes additional faults. It recognizes the following faults for divorce:

  • Adultery
  • Indignities creating conditions that are not tolerable
  • Barbarous treatment
  • Incarceration
  • Impotence
  • Habitual drunkenness for a year or longer

There are defenses to these faults including equal guilt in adultery and collusion, so keep that in mind when you decide if you wish to use this fault against your spouse.

Does Arkansas allow a no-fault divorce?

Yes. Arkansas does allow for no-fault divorces. Most divorces are not based in fault. The requirement to file for divorce is that you are separated for 18 months.

What does it take to get a divorce in Arkansas?

The first thing you will need to show is that at least one person is a resident of the state and has been for at least 60 days prior before you file a petition for divorce. A person also has to be a resident for at least three months before a final decree may be issued to him or her.

Once you file for a divorce, you will need to wait 30 days to give the other party time to respond. There is one exception in the case that there was willful desertion. With willful desertion, you’ll have to show continuous separation for a year before you can use it as a reason to skip the waiting period.

Getting a divorce in Arkansas is possible, and depending on the situation, you can choose a divorce with a fault or without one. It’s up to you to decide what’s right for your situation. Once you do, make sure you meet the requirements for residency, and you can begin the process. Divorces don’t have to take long, but there will be things to resolve, like your settlement agreement, before you can finalize your divorce completely.


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