Arkansas has a high rate of marriage compared to other states (72 percent), so you’ll naturally find a higher rate of divorce, as well. In fact, as of 2019, the divorce rate in the state was 17.4 per 1,000 married individuals—the highest percentage in the country. However, while Arkansas divorces are relatively common, you may encounter things that get in the way of filing for divorce.
1. You or Your Spouse Have Not Been an Arkansas Resident Long Enough
To be approved to file for a divorce in the state of Arkansas, you or your spouse must have been a resident of Arkansas for 60 days or longer before you actually file and at least 90 days before any judgment can be offered in your case. Many people mistakenly believe that both parties must be residents, but if only one person is a resident, filing can proceed.
For instance, if you move to Arkansas after a long separation but your spouse remains in Kentucky, you could still file for a divorce as long as the aforementioned conditions are met. Likewise, you will not be able to file after only a few weeks in Arkansas.
2. You Have Not Been Living Separately for Long Enough
If you are going for a simple, no-fault divorce in Arkansas, you and your partner will have to remain separated for 18 months. Those 18 months must have been consecutive and not sporadic or intermittent. According to the law:
“…the parties have been voluntarily living separate without cohabitation for 18 continuous months.”
If you cannot verify that you’ve been living separately, you’ll not be able to proceed with a no-fault divorce filing. You’ll always want to get a court order of legal separation at the onset of living apart so no one can question when the two of you parted ways. Even if you file for legal separation and later decide to reconcile without filing for divorce, this does not cause problems resuming the marriage.
Without the court order for a legal separation, you may still be able to file if you have a witness that will testify or offer an affidavit for you that proves you have been living separately and not together. You should always keep in mind that even one day of cohabitation can technically start the 18-month period over.
3. You Don’t Have Fault-Based Grounds and Have Not Been Separated
Fault-based grounds for divorce are still possible in Arkansas, even though many other states have done away way “fault” in divorces. Arkansas law states that if you are not seeking a no-fault divorce and have not waited out the required 18 months of living separately, the only way to file right away is by providing a reason or fault. Some of the acceptable grounds include:
- Desertation (abandonment)
- A felony conviction
- Cruel and barbarous treatment that puts your life in danger
- Adultery
- Indignities that render the condition of the marriage intolerable
In order to get a divorce, you will have to prove the grounds on which you are filing, which is not always an easy feat. For example, you may know your spouse had an affair, but you may not have tangible proof of that infidelity, in which case you would not be able to proceed with the filing.
Even though divorce in Arkansas is a pretty straightforward process and most people do get through just fine, couples seeking a divorce can encounter complications. If you need help with a complicated divorce situation, reach out to us at The Madden Law Firm Attorneys At Law for more information about how we can help.
