Arkansas Divorce
Information and FAQ
A spouse must have resided in the State of Arkansas for a period
of sixty (60) days prior to the filing of divorce and three (3) full
months before the final judgment granting the divorce. 9-12-307
Grounds for divorce Arkansas law allows for divorces based upon
the following grounds:
1. Where either party, at the time of contract for marriage, was
and still is impotent; 2. Conviction of a felony or other infamous
crime; 3. Habitual drunkenness for a period of one year; 4. Cruel
and barbarous treatmen as to endanger the life of the other; 5.
Indignities to the person of the other as to render his or her life
intolerable; 6. Where either party committed adultry subsequent to
the marriage; 7. Incurable insanity of one of the parties; 8. Where
either spouse, legally obligated to support the other, fails to do
so; 9. Where husband and wife have lived separate and apart from
each other for eighteen continous months without cohabitation,
regardless of fault or reason. 9-12-301
What court hears divorces Divorce actions are filed and heard in
Chancery Court. The title of the action initiating the divorce is
called the Complaint for Divorce, while the title of the action
granting the divorce is the Decree of Divorce. The party filing the
action is the Plaintiff, while the other party to the action is the
Defendant. 9-12-301 Where to file: Venue A complaint for divorce
shall filed and heard in the county where the complaintant resides
unless the complaintant is a nonresident of Arkansas and the
defendant is a resident of Arkansas, in which case the proceedings
shall be filed in the county where the defendant resides. The court
entering the final decree of divorce shall retain jurisdiction for
all matters following the entry of the decree. 9-12-303 and 9-12-320
Waiting period A waiting period of thirty (30) days after the
filing for divorce is usually required before a divorce may be
granted, subject to a few exceptions. 9-12-310
Financial Statement Prior to the establishment of an award of
support, the State of Arkansas requires that both parties complete
an official Affadavit of Financial Means. Property Division Arkansas
recognizes basic equitable distribution of property principles which
require that all marital property be distributed one-half (1/2) to
each party unless the court makes specific findings that such
distribution would be inequitable and states its reasons for doing
so in the order. All other property shall be returned to the party
who owned it prior to the marriage, unless the court makes some
other division that it deems equitable. 9-12-315 Child Custody The
court may award custody to either parent, regardless of sex, subject
to the best interests of the child. 9-13-101
Non-Custodial Parent's Right to Information The non-custodial
parent who has been awarded visitation rights is entitled to be
provided current scholastic records of the child upon request.
9-13-301
Child Support Arkansas has established both Weekly and Monthly
Family Support Guidelines which are used to assist the court in
determining the proper amount of support to be paid. In all cases
where the support and care of children are involved, the court may
order either parent to secure and maintain health insurance for the
benefit of the child when such coverage is available or becomes
available to the parent at a reasonable cost Healthcare premiums
cannot be used to offset a child support award, but may be
considered in determing the amount of take-home pay of the payor.
The duty to pay child support terminates automatically when the
child reaches eighteen (18) years of age or should have graduated
high school,whichever is later, or when the child is emancipated,
marries or dies, unless the court specifically states otherwise.
9-12-312, 9-14-232, and 9-14-237
Alimony The court may award alimony to either spouse that is
reasonable under the circumstatnces. The court may also allow to
either party during the pendancy of the divorce proceeding a
reasonable maintenance support award and attorney's fees. Unless
otherwise ordered by the court or agreed to by the parties, the
liability of a party to pay alimony shall automatically terminate
upon: the remarriage of the party who was awarded alimony; the
establishment of a relationship that produces a child and results in
a court order directing another person to pay the recipient of
alimony support; the establishment of a relationship that produces a
child and results in a court order directing the recipient to pay
support to another who is not a decendant by birth or adoption to
the payor of alimony. 9-12-309, 9-12-312, and 9-12-314
Parenting Classes When minor children reside with either or both
parents, the court may, prior to entering a decree of divorce,
require the parties to complete parenting classes or submit to
mediation regarding parenting issues. 9-12-322
Name change When the court finds that either party is entitled to
a divorce, the court may restore the wife to the name she bore
previous to the marriage dissolved. 9-12-318 Other The legitimacy of
children born prior to the entering of the divorce decree is not
affected by the decree.
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