Grounds for Divorce in Arkansas: No-Fault, Fault and Separation Requirements
Arkansas lists seven grounds for divorce. The only no-fault ground is 18 continuous months living separate and apart without cohabitation; incompatibility is not a ground, and fault grounds need no separation period.
What are the grounds for divorce in Arkansas?
The circuit court may grant an absolute divorce, or a divorce from bed and board, on the grounds in Ark. Code 9-12-301, as reproduced in the Arkansas courts’ benchbook.
| Ground | Item | What the statute says |
|---|---|---|
| Impotence | (1) | Either party was and still is impotent at the time of the contract |
| Felony | (2) | Conviction of a felony or other infamous crime |
| Drunkenness | (3)(A) | Habitual drunkenness for one year |
| Cruelty | (3)(B) | Cruel and barbarous treatment that endangers the life of the other |
| Indignities | (3)(C) | Indignities to the person that render the other’s condition intolerable |
| Adultery | (4) | Adultery after the marriage |
| Separation | (5) | Living separate and apart for 18 continuous months without cohabitation |
| Incurable insanity | (6) | Separate and apart three consecutive years by reason of incurable insanity |
| Failure to support | (7) | A spouse with the ability willfully fails to provide the common necessaries |
Is there a no-fault ground in Arkansas?
One: the spouses have lived separate and apart for 18 continuous months without cohabitation (9-12-301(5)). Arkansas does not treat incompatibility as a ground. Proof of the separation and of its continuity must be corroborated even in an uncontested case (Ark. Code 9-12-306). Resuming cohabitation breaks the continuity.
How old can the cause of a fault divorce be in Arkansas?
The cause must have occurred or existed within five years before the suit began (Ark. Code 9-12-307(a)(2)), and it must have occurred in Arkansas or be a legal cause of divorce in Arkansas if it happened elsewhere.
Can both spouses be at fault in Arkansas?
If both parties are guilty of the offense or injury complained of, no divorce is granted (Ark. Code 9-12-308). The 18-month separation ground does not depend on who is at fault.
Do fault grounds require a waiting period in Arkansas?
No separation period applies to the fault grounds. The plaintiff must still show the cause occurred within five years before the suit began, and the 30 days after filing and the residence periods still apply (Ark. Code 9-12-307). Use the Arkansas divorce timeline calculator for the dates.
What is a covenant marriage in Arkansas?
A marriage the spouses entered or redesignated under Arkansas’s covenant marriage chapter after a declaration of intent and counseling. It can be dissolved only on the grounds in Ark. Code 9-11-808, 809 and 810, which include adultery, a felony or other infamous crime, abuse of the spouse or a child, living separate and apart for a set period, habitual drunkenness for one year, cruel treatment endangering life and indignities (benchbook, chapter on covenant marriage).
Can the other spouse defend in Arkansas?
Yes, by contesting the ground, and the court will not grant a divorce if the offense was occasioned by collusion or both parties are guilty of it (Ark. Code 9-12-308). The defense of condonation to an action for divorce has been abolished (benchbook).
Does fault affect the property division in Arkansas?
The statute starts from one-half of the marital property to each party unless the court finds that inequitable, on factors such as the length of the marriage, income, employability and each party’s contribution to acquiring, preserving or appreciating marital property (9-12-315(a)(1)); marital fault is not among the nine factors listed in the benchbook. See the Arkansas property division calculator.
Does the ground affect alimony in Arkansas?
Alimony has its own statute and factors, covered by the Arkansas alimony calculator.
Frequently asked questions
What are the grounds for divorce in Arkansas?
Seven, including conviction of a felony, adultery, indignities, habitual drunkenness for a year and 18 months of separation.
Does Arkansas have no-fault divorce?
One no-fault ground exists: 18 continuous months separate and apart without cohabitation.
Is incompatibility a ground for divorce in Arkansas?
No. The listed grounds do not include incompatibility.
Is adultery a ground for divorce in Arkansas?
Yes. Adultery committed after the marriage is a listed ground, with defenses such as collusion.
Can an Arkansas covenant marriage be dissolved without a ground?
No. It can be dissolved only on the covenant grounds in 9-11-808 to 9-11-810.
Official sources
- Ark. Code 9-12-307: matters that must be proved
- Arkansas Judicial Branch: Domestic Relations Benchbook (divorce chapter)
- Ark. Code 9-12-315: division of property
- Ark. Code 9-13-101: award of custody
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.