Arkansas

Grounds for Divorce in Arkansas:

The Arkansas Code provides a no-fault ground for divorce based on a separation of at least 18 months. See Arkansas Code, § 9-12-301(5).

In addition, Arkansas also has several “fault” grounds for divorce, including:

• Cruel treatment;
• Indignities to the person of the other; and
• Adultery

Corroboration/Proof:

In an uncontested divorce case, there is no requirement that the grounds for divorce be corroborated. In a contested case, the defendant may waive corroboration of the grounds. However, in all cases, there must be corroboration with respect to residence and proof of separation. This may be by affidavit or oral testimony of a nonparty.

Thirty-Day Waiting Period:

Unless the parties have lived separate and apart for at least 12 months, Arkansas law requires that at least thirty (30) days lapse between the filing of the divorce complaint and the entry of a divorce decree. This is set forth in the Arkansas Code, § 9-12-310.

Where to File Your Complaint for Divorce:

Pursuant to Arkansas Code, § 9-12-303, an Arkansas divorce case should be commenced in the county where the complainant resides, unless the complainant is a nonresident of Arkansas and Defendant is a resident, in which situation the case should be commenced in the county where the defendant resides.