Residency Requirements:
A spouse must be a resident of Arkansas for 60 days in order to file for
divorce. In addition, he/she will need to reside in the state for three
months before the finalization of the divorce.
Legal Separation:
Legal separation may be granted for the same reasons as the no-fault grounds,
plus willful discretion for 1 year, and willful separation for 18 months.
General Divorce Procedure:
A third party may sign an affidavit attesting to a spouse’s residency,
separation and no cohabitation in an uncontested divorce action. However,
proof of the grounds for divorce does not need to be corroborated by a
third party.
Where to file for divorce:
In Plaintiff’s County;
Non-resident plaintiffs should file in the county of the defendant.
Mediation:
There is no legal provision that addresses this issue in Arkansas.
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Grounds for Arkansas Divorce:
Arkansas grants divorce on both fault and no-fault grounds.
No-fault:
No-fault grounds include, among others, separation of at least 18 months and
voluntarily living separately without cohabitation.
Fault-based grounds may include:
1) Impotence;
2) Personal indignities;
3) Adultery;
4) Non-support to complaining spouse when other spouse
is able to provide such support;
5) Confinement for incurable insanity or separation
caused by mental illness for a period of years;
6) Conviction of a felony;
7) Commission or conviction of an infamous crime;
8) Cruel and inhuman treatment that endangers the life of
the spouse;
9) Drunkenness for 1 year.
Title of Divorce action:
Petition for Dissolution of Marriage.
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