Divorce in Arkansas


  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support


    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Arkansas for at least 60 days before filing for divorce. As long as either you or your spouse meets the residency requirement for filing a divorce in Arkansas, either of you may file in Arkansas.

    Any of the following grounds may be used for divorce in Arkansas:

    • No fault ground of living apart for 18 months without cohabitation
    • Impotency at the time of the marriage
    • Conviction of infamous or felony crime
    • Habitual drunkenness
    • Cruel and barbarous treatment
    • Personal indignities
    • Adultery
    • Living apart for three years due to an incurable mental illness of one spouse
    • Failure to support spouse

    If the non-filing spouse still lives in Arkansas, divorce is filed in that spouse's county. If the non-filing spouse does not live in Arkansas and has not been living in another state for more than one year, a divorce may be filed in the Arkansas county where you and your spouse lived as husband and wife.


    Dividing the Property

    Arkansas is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. A court will distribute one-half of the marital property to each spouse unless it finds that such a division is inequitable. In that case, the court may decide upon a different division that it determines is equitable after considering the following factors:

    • Length of the marriage
    • Age, health and station in life of the spouses
    • Occupation of the spouses
    • Amount and sources of income
    • Vocational skills
    • Employability
    • Estate, liabilities, and needs of each spouse and opportunity of each for further acquisition of capital assets and income
    • Contribution of each spouse in acquisition, preservation, or appreciation of marital property, including services as a homemaker
    • Federal income tax consequences of the court's division of property

    "Marital property" is all property that is acquired by either spouse subsequent to the marriage except the following property which is considered separate and not subject to division:

    • Property acquired prior to marriage, by gift or by the death of another
    • Property acquired in exchange for property acquired prior to marriage or in exchange for property acquired by gift or inheritance
    • Property acquired by a spouse after a divorce
    • Property excluded by a valid agreement between the spouses
    • Workers' compensation claims, personal injury claims or social security claims if the benefits are for permanent disability or future medical expenses
    • Income from property owned prior to the marriage or from property acquired by gift or inheritance

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see an Arkansas divorce lawyer can save you a lot of time and money.


    Alimony

    Alimony may be awarded to either spouse for their support and maintenance after the divorce. An award of alimony is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony.

    If alimony is awarded, it is usually only for a short period of time. Alimony may be paid in a lump sum payment of money or the award of some property. Adultery as the cause of the parties' separation defeats a claim for alimony in Arkansas.


    Child Custody and Visitation

    In Arkansas, the award of custody of a child is made without regard to the sex of a parent and is based solely in accordance with the welfare and best interest of the child. If it is in the best interests of a child, custody is awarded so that frequent and continuing contact of the child with both parents is assured. Therefore, in making the custody order the court considers which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent.

    Joint legal custody of children is encouraged whenever practical. Generally, in a joint custody arrangement, one parent has primary physical possession and the non-custodial parent has the standard visitation of basically every other weekend, alternating holidays and an extended period in the summer.

    Most parents agree about the custody, child support, and visitation issues relating to their children. If the parents are unable to come to an agreement, a judge will ultimately decide these issues for the parents. Children who are at least 14 years of age may choose to live with a parent provided the parent is not considered "unfit" to care for the child.

    Orders providing for the support and custody of children are subject to modification after the divorce if there is a substantial change in the circumstances of either parent, such as an increase or decrease in income or a change in the living arrangements of the children.


    Child Support

    Unless the parents reach an agreement about the amount of child support to be paid, the Arkansas State Child Support Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and in the best interest of the children. Generally, the non-custodial parent pays child support based on the Arkansas State Child Support Guidelines.

    A non-custodial parent can expect to pay child support until a child turns 18 or graduates from high school, whichever occurs later. An Arkansas child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.

    Related Web Links:
    - Arkansas Judiciary
    - Arkansas Court Forms
    - Arkansas Child Support Charts
    - Arkansas Office of Child Support Enforcement
    - Arkansas State Profile
    - Arkansas Family Law
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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