Filing for divorce in Arkansas starts with a few basic requirements. You need to meet the residency rule, have a legal ground for divorce, and file in the right court. Here is what each one means.
Residency Rules for Filing for Divorce
At least one spouse must have lived in Arkansas for 60 days before filing. That spouse must also have lived here for three full months before the judge grants the final decree (A.C.A. § 9-12-307). In addition, the court cannot enter a decree until 30 days after the complaint is filed.
Grounds for Divorce
Arkansas does not have an “irreconcilable differences” ground. Instead, you must prove one of the grounds listed in A.C.A. § 9-12-301. The most common is general indignities. The no-fault option is living separate and apart for 18 continuous months. Other grounds include adultery, a felony conviction, and habitual drunkenness for one year. If you have a covenant marriage, different and narrower grounds apply.
Where to File
Divorces are filed in circuit court. Usually, you file in the county where you live. For example, a Jonesboro resident would normally file in Craighead County Circuit Court.
What Happens After You File
First, the other spouse must be formally served with the papers. Next, that spouse has a set time to respond. Then the case either settles or moves toward a hearing. If you have children, the court will also decide custody, visitation and support.
Before You File
- Gather recent pay stubs and tax returns.
- Collect statements for bank, retirement and credit accounts.
- Write down your marriage date and the date you separated, if you have.
- Make a list of your property and debts.
To learn more about the process, see my Jonesboro divorce page.
Talk With a Jonesboro Lawyer
You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This post is general information about Arkansas law, not legal advice for your situation.
