What Are Grounds for Divorce in Arkansas?

Divorce, the legal dissolution of a marriage, is a significant life event that can have far-reaching consequences. In Arkansas, as in many states, the grounds for divorce can vary depending on the circumstances of the case.

Whether you are contemplating divorce or are already in the midst of one, it’s important to understand the legal reasons for justifying the end of a marriage. These reasons, known as “grounds,” are the foundation of your divorce case and will shape the outcome of your proceedings.

No-Fault vs. Fault-Based Divorce in Arkansas

In Arkansas, divorces are classified into two main categories: no-fault and fault-based. A no-fault divorce does not require either spouse to prove that the other was at fault for the breakdown of the marriage. Instead, it focuses on the fact that the marriage is irrevocably broken. This type of divorce is not commonly granted in Arkansas because both parties must show they’ve lived apart for at least 18 months.

A fault-based divorce, however, requires one spouse to prove that the other is responsible for the failure of the marriage due to specific wrongful actions.

Steps to File for Divorce in Arkansas

Filing for divorce in Arkansas involves several steps, starting with determining the appropriate grounds for your case. Once the grounds are established, the next step is to file a complaint for divorce with the circuit court in the county where either spouse resides.

The filing spouse, known as the plaintiff, must serve the other spouse (the defendant) with the divorce papers. The defendant then has an opportunity to respond, and the case proceeds through negotiation or court hearings. Having a divorce lawyer on your side can help you navigate the divorce process more effectively.

No-Fault Divorce Grounds in Arkansas

The sole grounds for a no-fault divorce in Arkansas is a separation period of 18 continuous months. During this time, both spouses must live apart and refrain from cohabitation.

This separation must be voluntary, meaning both parties have agreed to live separately, or one spouse has unilaterally decided to end the relationship. The 18-month separation shows that the marriage is irretrievably broken and there is no reasonable chance for reconciliation.

No “Irreconcilable Differences”

Unlike many states, or what you may have heard on TV or in movies, there are no grounds for “irreconcilable differences” in Arkansas. If the parties have not been separated 18 months, then one of the spouses has to be “at fault.”

Arkansas Fault-Based Divorce Grounds

There are several grounds for fault-based divorce in Arkansas, all of which require the plaintiff to prove that the defendant is at fault for the breakdown of the marriage. These include, but are not limited to:

Having a Felony Conviction

A felony conviction is a ground for divorce in Arkansas if one spouse is convicted of a felony and sentenced to a term of imprisonment. The non-incarcerated spouse can use this conviction as a reason to seek a divorce, arguing that the marriage cannot continue due to the spouse’s criminal behavior and imprisonment.

Adultery

Adultery involves a spouse engaging in a sexual relationship with someone outside the marriage.

To use adultery as a grounds for divorce, the accusing spouse must provide clear and convincing evidence of the affair. This can include witness testimony, photographs, or other forms of proof. However, proving adultery can be challenging, and the burden of proof lies with the spouse making the accusation.

Cruel and Barbarous Treatment

Cruel and barbarous treatment is another grounds for divorce that involves endangering the life of the other spouse.

Habitual Drunkenness

Habitual drunkenness refers to a pattern of excessive alcohol consumption that affects the marriage. Proving habitual drunkenness typically requires evidence of a long-term pattern of excessive drinking and its impact on the marriage.

General Indignities

General indignities are the most commonly used grounds for divorce in Arkansas. This requires that one spouse treat the other in such a way that it makes the recipient’s life intolerable. This can include insults or violence, not rising to the level of endangering your life but still making it such that remaining in the marriage is not a viable option.

Defenses Against Fault-Based Grounds

If one spouse is accused of a fault-based ground for divorce, common defenses include:

Condonation

Condonation occurs when the accusing spouse forgives the offending spouse for their misconduct and resumes marital relations. For example, if a spouse forgives their partner for an affair and continues living together as a married couple, the court may dismiss the adultery claim based on condonation. Note that another act of adultery by the spouse would “renew” a claim for divorce.

Recrimination

Recrimination involves proving that both spouses are guilty of misconduct, essentially arguing that the accusing spouse is not blameless. For instance, if both spouses have committed adultery, the court may deny a divorce based on recrimination, as neither party can claim the moral high ground.

Impact of Grounds on Divorce Proceedings

The grounds for divorce can significantly influence the outcome of various aspects of the divorce proceedings; for example, if one parent is found to have engaged in cruel and inhuman treatment, it could affect their chances of obtaining custody of the children.

Understanding how the grounds for divorce impact the court’s potential decisions is essential for anyone going through the divorce process in Arkansas.

Contact TLGNWA Today for Help with Your Divorce in Arkansas

Divorce is challenging and emotional, and understanding the grounds for divorce in Arkansas is a crucial first step. Whether you are pursuing a no-fault divorce or have grounds to file for a fault-based divorce, being informed about your options and working with a divorce attorney can help you make the best decisions for your future.

Call The Law Group of Northwest Arkansas, PLLC, today at 479-316-3760 or contact us to schedule an initial consultation.