Divorce/Separation/Annulment - Arkansas Law Help

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• Introduction
• Divorce
  • Divorce Tax Considerations
  • Divorce Packet - Self-Help Forms
  • Contempt Packet - Self-Help Forms
  • Divorce by Affidavit or Deposition
• Divorcio Toggle Dropdown
  • Consideraciones de impuestos sobre el divorcio
• Covenant Marriage
• Annulment
• Anulación
• Legal Separation
• Helpful Resources and Forms
• Service Toggle Dropdown
  • Overview
  • Personal Service
  • Service by Mail
  • Service by Publication
  • Notificación: Descripción General y Tipos (Service: Overview and Types)

Divorce Introduction

How a divorce case starts

A divorce begins when one spouse files a document called a Complaint asking the court for a divorce.

• The spouse who files the divorce is called the plaintiff.
• The other spouse is called the defendant.

General Points

• You must meet residency rules.
• You must have and prove legal grounds (a legally recognized reason) for divorce.
• Even if both spouses agree, the court will require proof.

See below for more information about these general points.

Grounds for Divorce

Arkansas requires a legal ground for divorce. It is NOT a "No Fault" state. Even if both spouses agree, grounds must still be proved. Arkansas recognizes several legal reasons for divorce.

Two of the most common grounds are:

• General Indignities

• Living separate and apart for 18 months

Time Limit (general rule)

• In general, the ground must have occurred or existed within five years before you file.

Legal Sources (Ark. Code Ann.)

• § 9-12-301(b)(3)(C) General Indignities

• § 9-12-301(b)(5) Separation for 18 months

• § 9-12-307(a) Matters that must be proved

• § 9-12-306(a) Corroboration

• § 9-12-307(a)(3) 5 year time limit

General Indignities: Ground for Divorce

What this means

• The defendant repeatedly treated the plaintiff with contempt, hostility, or ongoing mistreatment to the point the marriage cannot reasonably continue.

What the court expects

• The court expects specific examples, not just the words "general indignities."

Examples may include

• repeated insults or humiliation
• ridicule
• threats or intimidation
• controlling behavior
• other serious emotional abuse when it is habitual and makes the marriage unable to continue

What is usually not enough by itself

• general incompatibility

• frequent arguments

• “we don’t get along”

Legal sources (Ark. Code Ann.)

• § 9-12-301(b)(3)(C)

• § 9-12-307(a)

Living Separate and Apart for 18 Months: Ground for Divorce

What this means Spouses must live separate and apart for 18 continuous months and be without cohabitation during that time. In general, this means you have not resumed living together as spouses during that time.

Best evidence (common examples) The best evidence is usually two different addresses, supported by documents such as:

• lease or deed

• utility bills

• mail

• driver’s license address

• similar records

Proof required Proof of the separation and its continuity must be confirmed by someone other than the spouses (by testimony or a sworn affidavit).

Different living arrangements If you want to file based on a different living arrangement, like one person living in a separate part of the house or in a mobile home in the back yard, that can be more complicated. If you do not have the ability to hire an attorney, you may qualify for free legal advice on arfreelegalanswers.org.

Legal sources (Ark. Code Ann.)

• § 9-12-301(b)(5)

• § 9-12-306(c)(1)–(2)

Service

Serving the Defendant

The plaintiff must tell the defendant about the divorce by serving them with the Complaint for Divorce and a summons.

The plaintiff may serve the defendant using a process server or deputy sheriff or by sending the paperwork by certified mail.

Service by Publication

It is possible to serve the defendant by publication, but only if the plaintiff has done everything they can to find the defendant. This type of service is called “service by warning order.”

Timeline for the Defendant to Answer

Once the defendant is served they generally have 30 days to file a written answer with the court. If the defendant does not file a written answer, then the court may grant the divorce without any notice to the defendant.

If the defendant is in jail or prison or active military duty, then special rules apply to service and how long the defendant must answer the lawsuit.

Settling Issues

In most cases,

• The plaintiff must wait at least 30 days from the date the complaint was filed to finalize the divorce.
• If the plaintiff and defendant agree on all the issues of the marriage, then the case may be finalized without a contested hearing.

In all divorce cases,

• The plaintiff must prove grounds for divorce and 60 days’ residency.
• These things may be proved by the testimony of the plaintiff and a witness. If the parties disagree, then the case must go to a judge to decide.

Issues the Judge May Decide

Custody and Visitation

The law assumes that the parents should have joint custody of minor children but can be decided differently, for example, if there is abuse or one parent is a registered sex offender. If the parents cannot agree on a custody arrangement, then the judge decides what is in the children's best interest. If the judge decides that joint custody will not work, then the judge decides who will have custody and who will have visitation. The judge will also decide if there are any restrictions on visitation.

Child Support and Alimony

Parents will be ordered to pay child based on the Arkansas Family Support Chart. The judge may award alimony based on the facts of the case if one spouse has a need and the other spouse can pay.

Property and Debt Division

Any property or debt that either party acquired during the marriage can be divided in a divorce. If the parties do not agree to a division, then the judge will order a fair division.

After the Judge's Order

Once the judge orders a final divorce decree, the terms cannot be changed just because a party does not like it or changes their mind. Custody, visitation, and support are the only things in the decree that can be modified at a later date.

The divorce decree lists the rights and responsibilities of each party. If one party does not follow the decree, then the other may file a motion for contempt of court asking the court to enforce the decree.

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• Last Updated: Feb 6, 2026 4:54 PM
• URL: https://a.arlawhelp.org/divorce-separation-annulment
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