Are you thinking about getting a divorce in Arkansas, but aren’t sure how the process works?
Divorce can be a stressful experience as you work through strong emotions while trying to protect your assets.
You may worry about how Arkansas divorce law divides property and awards child custody.
Understanding divorce laws in Arkansas helps reduce your stress and gives you the confidence to stand up to your spouse.
Before filing for divorce in Arkansas, you should understand these 5 Arkansas divorce laws.
Residency Requirement
Divorce laws in Arkansas require you to be a resident of the state. You or your spouse must live in Arkansas for at least 60 days prior to filing for divorce. After filing, you must wait at least three months for your divorce to be finalized.
Grounds for Divorce
In your divorce complaint, you must declare your grounds for divorce. Arkansas divorce laws provide two broad grounds for divorce: no-fault divorces and fault divorces (A.C.A. § 9-12-301).
No-fault divorces
If the married couple lives separately for eighteen months, the court grants a no-fault divorce. This no-fault basis does not require a mutual desire for the separation.
Fault divorces
This category includes other fault-based grounds for divorce.
- Impotence
- Conviction of a felony or infamous crime
- Addicted to habitual drunkenness for a year
- Guilty of life-endangering treatment of the other
- Suffered intolerable indignities by the other
- Committed adultery
- Institutionalization for incurable insanity
- Willful failure to support the other spouse
Distribution of Property
Arkansas is an equitable distribution state, meaning the marital property is distributed fairly between the parties. When dividing marital property, the court considers these points (A.C.A. § 9-12-315).
- Length of marriage
- Age and health
- Occupation and income
- Vocational skills and employability
- Estate, liabilities, and needs
- Opportunity to acquire assets and gain income
- Contribution to marital property and homemaking
- Income tax consequences of the division of property
Child Custody and Child Support Laws
Arkansas Child Custody Laws
If you and your spouse cannot agree on custody of your minor children, a judge determines custody. A judge relies on divorce laws in Arkansas, including these factors.
- Preferences of the child
- Past and future roles of the parents (no preference is given to either sex)
- Domestic violence history
- Grandparent involvement as an infant’s primary caregiver and financial supporter
Child Support
The non-custodial parent must pay child support to the custodial parent. The child support amount is based on a percentage of income formula, depending on the number of children.
Expert Legal Help for Your Arkansas Divorce
If you’re thinking about filing for divorce in Arkansas, you need an expert to guide you through the process. Our experienced and compassionate Arkansas divorce lawyers will explain divorce laws in Arkansas to you and help protect your property.
If you’re ready to start your Arkansas divorce, contact our Arkansas divorce attorneys here, or call us.
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