Family Law

In Arkansas you must establish grounds to obtain a divorce, unless you have been separated for 18 months.

The Grounds as set forth in Arkansas Code Annotated section 9-12-301 are:

  • Impotence This requires that either party was at the time of the marriage and still is impotent.
  • Felony or Other Infamous Crime If either party are convicted of a felony during the marriage.
  • Habitual Drunkenness for One Year
  • Cruelty
  • General Indignities These grounds are the most often cited reason for divorce. This includes such indignities to the person as shall render the spouse’s condition intolerable.
  • Adultery
  • Willful Failure to Support

A party seeking a divorce must prove:
[Arkansas Code Annotated section 9-12-307]

(1) Residence in Arkansas of either party for 60 days prior to commencement of the action;
(2) That the cause for divorce existed within five years before the complaint was filed; and
(3) That the cause of action for divorce existed or occurred in Arkansas or if it occurred outside, the acts constitute grounds under Arkansas law.

 
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