• 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, and for at least 90 days before your divorce is finalized.

    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 marriage
    - Conviction for a felony or infamous crime
    - Habitual drunkenness
    - Cruelty
    - Personal indignities
    - Adultery 
    - Living apart for three years due to an incurable mental illness of one spouse
    - Failure to support spouse

    If you're a state resident, file your divorce complaint in the county where you live. If you're a non-resident, but your spouse is a resident, file in your spouse's county of residence.

    Dividing the Property

    Arkansas is an "equitable distribution" state. This means the court makes a property division that is fair, but not always equal. A court will distribute one-half of the marital property to each spouse unless it finds that such a division is unfair. Factors in equitable division include:

    - Marriage length
    - Age, health and station in life of the spouses
    - Spouses' occupations
    - Income sources and amounts
    - Vocational skills
    - Employability
    - Estate, liabilities and needs of each spouse, and their chances to acquire assets in the future
    - Contributions of each spouse to acquisition, preservation and increased value of marital property. This includes homemaker contributions
    - Federal income tax consequences of the property division

    "Marital property" is all property that is acquired by either spouse after marriage except their separate property, which includes:

    - Property received before marriage by gift or inheritance
    - Property acquired through an exchange of your separate property
    - Gifts or inherited property acquired during your marriage
    - Property acquired after you're divorced
    - Property excluded as marital property via a valid agreement between spouses
    - Claim money, such as workers' compensation or personal injury awards for permanent disability or future needs
    - Income generated by your separate property

    Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with an Arkansas divorce lawyer, and it 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. The main factors a court considers in awarding alimony are a spouse's need for support and the other spouse's ability to pay.

    Alimony can be awarded for a set period of time, usually paid in regular installments, such as monthly. State law provides alimony payments end at death or the recipient spouse's remarriage (or the equivalent), unless the court's judgment or the spouses' agreement states otherwise.

    Child Custody and Visitation

    Arkansas courts decide child custody issues based on the best interest of the child. A basic goal is to make sure the award supports a child's relationship with both parents. One factor a court may look at is which parent is more likely to support the child's relationship with the other parent. A child's preference is also a factor if she is of sufficient age and reasoning ability.

    If you seek a change of custody, the court decides the issues based on the best interest of the child.

    The non-custodial parent can expect visitation rights, with exceptions made for situations involving abuse or conditions not in the child's best interest. The child's preferences are a factor, if appropriate, based on the child's age and mental capacity. State law gives siblings and grandparents visitation rights, too.

    Child Support

    Non-custodial parents usually must provide child support. The amount found in Arkansas' child support charts is presumed correct. Courts must give written reasons or findings for departing from the chart amount. A non-custodial parent can expect to pay child support until a child turns 18 or graduates from high school, whichever occurs later.

    Either parent can seek review of a child support order every three years, or when modification is based on substantial change in circumstances, such as a big change in income. Changes in access to or ability to pay for health insurance is included with income changes.

    Questions for Your Attorney

    • What are alternatives to a court case for divorce in our area? Are mediation or collaborative divorce an option?
    • What are the issues if my spouse won't cooperate or get his own lawyer? Can the court force a spouse to get legal help?
    • How long will my case take before the divorce is final?