- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Divorce Law Summary
Choosing whether to file for divorce is one of the most important decisions you will ever make. Divorce is a life-changing event. So, you will want to ensure you are well informed about the difficult and complicated issues and decisions you will face, such as child custody, division of marital property, and spousal support.
The purpose of this summary of divorce law in Arkansas is to give you a starting point for understanding the basic principles of divorce law in your state and enable you to make informed and mindful decisions in choosing whether to file for divorce and what to expect if you do.
This summary will cover the following Arkansas divorce topics:
- Residency Requirements
- Separation Leading To Divorce
- Divorce For Cause – Statutory
- Property Division By Decree
- Marital Support And Alimony
- Child Custody
- Child Support
- Name Change
Residency Requirements
Either spouse must have resided in Arkansas for at least 60 days before filing for divorce. The divorce complaint must be filed in the county where the Plaintiff (the spouse filing for divorce) resides or in the county where the Defendant (the other spouse) resides if the Defendant has lived in Arkansas for at least 60 days.
Separation Leading To Divorce
In Arkansas, couples seeking to live apart and address aspects of their marriage without fully divorcing have two primary options:
1. Draft and Sign A Separation Agreement:
This is a legally binding contract created and signed by both spouses (often with the help of attorneys) that outlines:
- Living arrangements
- Financial responsibilities
- Child custody and visitation
- Child Support
2. Filing for Divorce with Specific Requests:
A spouse can file for divorce but, within the divorce proceedings, request “separate maintenance.” This allows the court to order one spouse to financially support the other while living apart, even if a divorce has not been finalized.
Divorce Tip
Divorce For Cause – Statutory
By statute, either spouse may divorce for cause based on the following grounds:
- Either party, at the time of the marriage, was and still is impotent
- Either party has been convicted of a felony or other infamous crime
- Either party has been addicted to habitual drunkenness for one year, is guilty of such cruel and barbarous treatment as to endanger the life of the other, or offers such indignities to the person of the other spouse that it renders the spouse’s condition intolerable
- Adultery
- The spouses have lived separate and apart for three consecutive years without cohabitation due to the incurable insanity of one of them
- The spouses have lived separately and apart for 18 continuous months without cohabitation
In Arkansas, the divorce rate is higher than the national average, with 3.5 divorces per 1,000 people compared to the US rate of 2.4 per 1,000 people.
Property Division By Decree
Regarding the division of marital property, Arkansas is an equitable distribution state. When petitioning for divorce, all marital property shall be distributed 50/50 to each party unless the court finds such a division inequitable. The court will consider the following factors, among others:
- The length of the marriage
- Age, health, and station in life of the parties
- Occupation of the parties
- Amount and sources of income
- Vocational skills
- Employability
- Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income
- Contribution of each party in the acquisition, preservation, or appreciation of the marital property, including services as a homemaker
Marital Support – Alimony
The court shall determine spousal support. However, this support will automatically be terminated should any of the following events occur:
- The party receiving alimony remarries
- The establishment of a relationship that produces a child and results in a court order directing another person to pay support to the party receiving alimony
- Establishing a relationship that produces a child results in a court order directing the party receiving alimony to provide support for another person who is not a descendant by birth or adoption of the party paying alimony
Child Custody – Best Interests Of The Child
The award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely what is in the child’s best interest.
Types of Custody:
- Legal Custody: This is the decision-making authority over major aspects of the child’s life, such as education, healthcare, and religious upbringing.
- Joint Legal Custody: Both parents share decision-making, even if they don’t have equal physical custody. This is preferred in Arkansas unless it is judicially found not in the child’s best interest.
- Sole Legal Custody: One parent has the sole right to make major decisions for the child.
- Physical Custody: This is where the child will reside and spend their time.
- Joint Physical Custody: This is where the child resides with each parent for significant periods. This does not require an equal split in time.
- Primary Physical Custody: One parent has the child primarily, while the other has visitation rights.
Child Support
The primary purpose of child support is to provide for the child’s basic needs, including food, shelter, clothing, education, and healthcare. In this regard, both parents are financially obligated to support their children, regardless of their marital status or living arrangements.
Under Arkansas law, the amount of child support shall be equitable and reasonable.
The court, however, shall refer to the most recent revision of the Arkansas family support chart. In this regard, there is a presumption that the amount referenced in the chart is the correct amount to be awarded for child support.
Failing to pay child support can lead to serious legal and financial consequences, including:
- Wage garnishment
- Driver’s license suspension
- Property liens
- Contempt of court charges, potentially leading to jail time
Divorce Tips
Name Change
Arkansas law doesn’t usually require a separate legal name change petition if the change is requested as part of a divorce proceeding. However, the court’s approval of the name change is necessary.
The judge presiding over the divorce case will review the name change request. They will generally approve it unless there is evidence of fraudulent intent, such as trying to avoid the payment of legal debts or the name change results in the potential to harm the rights of others
If the name change was not included in the divorce, it can be obtained after the divorce is finalized.
Retaining a Divorce Lawyer
The information in this summary is intended to provide a good starting point to obtain additional information. It is not intended to be a substitute for personally consulting with or retaining an experienced and verified divorce lawyer who can counsel you based on your goals, specific circumstances, and the relevant legal issues of your case.
Arkansas Family Law Courts
Arkansas circuit courts are general-jurisdiction trial courts with five subject matter divisions: criminal, civil, probate, domestic relations, and juvenile.
Arkansas Courts (Arkansas Judiciary)
Arkansas Child Support Enforcement
PO Box 8133
Little Rock, Arkansas 72203-8133
Office: (501) 682-8398
Fax: (501) 682-8402
Sources and References
Cornell Law Information – Divorce
Justia Arkansas Family Support Laws
