Deciding to end a marriage is hard, and so is being served with divorce papers you didn’t expect. Either way, you need clear answers about the law and the process. I handle both contested and uncontested divorces for people in Jonesboro and across Northeast Arkansas.

Grounds for Divorce in Arkansas

Arkansas law lists specific grounds for divorce (A.C.A. § 9-12-301). They include:

Living separate and apart for 18 continuous months (the no-fault ground)
General indignities
Adultery
Cruel and barbarous treatment that endangers the life of the other spouse
Habitual drunkenness for one year
Conviction of a felony
Impotence
Three years of separation because of a spouse’s incurable insanity or institutionalization
Willful failure to provide support, as described in the statute

Arkansas does not have an “irreconcilable differences” ground. If you have a covenant marriage, the grounds are different and narrower, so tell me that up front.

Residency and Waiting Periods

Divorces are filed in circuit court. Under A.C.A. § 9-12-307, one spouse must have lived in Arkansas for 60 days before filing, and for three full months before the final decree. There is also a 30-day waiting period after filing before the court can grant a divorce.

Uncontested and Contested Divorce

An uncontested divorce is one where both spouses agree on everything: property, debts, custody, support and alimony. Even then, the agreement needs to be written carefully, because it becomes a court order you will live with.

A contested divorce is one where you disagree on one or more issues. Many contested cases still settle through negotiation. Some go to a hearing or trial. As a trial lawyer, I prepare each case knowing that it may need to be tried.

Property and Debt

Under A.C.A. § 9-12-315, marital property is divided equally unless the court finds that an equal split would be inequitable. If the judge divides property unequally, the judge has to state the reasons. A big part of many divorces is sorting out what is marital property and what belongs to one spouse alone. Debts also have to be addressed.

Children and Support

If you have children, the divorce will also decide custody, visitation and child support. You can read more about child custody in Arkansas and child support. If one spouse may ask for alimony, see my page on spousal support.

What to Gather Before We Meet

Your marriage date and date of separation, if you have separated
Recent pay stubs and the last few years of tax returns
Statements for bank, retirement and investment accounts
Information on your home, vehicles and other major property
A list of debts
Any papers you have been served with

Divorce Questions

How fast can I get divorced in Arkansas?

There is a 30-day waiting period after filing, and the residency rules must be met. Many divorces take longer than that, especially when there are disputes. I’ll give you a realistic picture once I know your facts.

Do I need to prove fault?

You must prove one of the grounds the law allows. The no-fault ground requires 18 months of continuous separation. We can talk about which ground fits your case.

Will property be split 50/50?

Marital property is divided equally unless the court finds that unfair and explains why. What counts as marital property is often the bigger question.

Talk With a Jonesboro Divorce Lawyer

I won’t make promises about how your case will turn out. I will listen, explain your options and tell you what I honestly think. Sara Beth and I are here to help. To see the other areas I handle, visit my family law page.

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. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. 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 page is general information about Arkansas law, not legal advice for your situation.