State Of Arkansas Divorce Laws

Divorce Law Summary

Choosing whether to file for divorce is one of the most important decisions you will ever make. Make sure you are informed about the difficult and complicated issues you will be facing, such as child support and 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

Separation Agreements Legally Enforcable. If the separation agreement is properly filed and signed, it is enforceable in Arkansas courts. In fact, a court can hold a spouse in contempt if they violate the terms of the separation agreement

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.

Temporary Orders: During a divorce, a court can issue temporary orders regarding child custody, support, and asset division. These orders remain in effect until a final divorce decree is issued.

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

STATISTIC: 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

The state of Arkansas is an equitable division state. When petitioning for divorce, all marital property shall be distributed 50/50 to each party unless the court finds such a division to be 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 And Alimony

The court shall determine spousal support and alimony. 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

Amount of Child Support Cannot Be Punitive: Child support is not intended to punish either parent. It’s solely focused on the child’s best interests.

Child Support Orders Are Not Permanent. Where there is a change in circumstances, either parent can request a modification if it affects their ability to pay child support, such as losing a job, or there are changes in the child’s needs, like medical expenses or one of the spouses gets injured in an accident, rendering that spouse unable to comply with child support orders.

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

Sources and References

Cornell Law Information – Divorce

Justia Arkansas Family Support Laws

Arkansas Divorce Law Help

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