Arkansas Divorce Law Requirements
Divorce Requirements for Arkansas Residents
The petitioner may file the Arkansas Divorce Complaint either in his or her county of residence in Alabama or in the county where the respondent lives.
Either or both parties must be a resident or residents of Arkansas for at least 60 days prior to the filing of the divorce papers. These requirements must be met, otherwise the court will not accept the complaint or will eventually dismiss the case.
Waiting time for a decision is three months from the initial filing of the divorce complaint but may be waived depending on actual circumstances.
Arkansas Grounds For Divorce
Both fault and no-fault grounds for divorce or dissolution of marriage are recognized in Arkansas.
What are the no-fault grounds for divorce in Arkansas?
Voluntary separation without cohabitation for at least 18 consecutive months is a ground for a no-fault divorce in Arkansas.
What are the fault grounds for divorce in Arkansas?
- Confinement in a mental facility for at least 3 years or more or if either party has acquired an incurable mental condition during the marriage such as insanity. Mental issues must be backed by evidence of actual medical records.
- Conviction of a felony or other infamous crime by either party.
- Addiction to alcohol and/or illegal substance for at least one year;
- Indignities by either spouse that result in an intolerable condition for the other;
- Impotency by either party at the time of marriage;
- Non-support of a spouse where he or she is capable of providing support but refuses to.
Child Custody Law in Arkansas
Divorce can be a painful process especially if there are minor children involved. That is why Arkansas Divorce Courts prefer to award joint child custody if and when circumstances merit it, to lessen the emotional trauma on the child. Generally, child custody is decided upon by the court based on the following:
- Age and gender of the child;
- Safety and well-being of the child;
- Character and experience of the parents seeking child custody, including mental and physical health;
- Desires of the child if within age of maturity and with capacity to make sound decisions, as determined by the court;
- Emotional bond between the child and each parent;
- Home environment and other factors that could affect the child’s general well-being.
- History of domestic violence perpetrated by either parent seeking custody.
Guidelines for Arkansas Child Support
Arkansas Child Support is calculated using the Percentage of Income formula which is based on the non-custodial parent’s percentage of net income. The child support ruling will be in effect until the child reaches adulthood.
Where to file for a divorce?
Arkansas Divorce Forms must be filed by the petitioner in his or her county of residence or where the marital union collapsed.
If the petitioner is not a resident of Arkansas at the time of separation, he or she must file the divorce complaint on the respondent’s county of residence.
For a fast and inexpensive divorce process, you can file Arkansas online divorce forms.
Refer to the “Divorce Requirements for Arkansas Residents” above for more information and also get the top online divorce reviews.
Either party may file for a mediation settlement in the Arkansas Divorce Courts to resolve domestic disputes. Submitting disputed issues to a mediator will allow for an uncontested divorce proceeding in court.
Need information for a different state?
You may also visit the Arkansas Courts for more information