Family Law Attorney

Yes. When you file for divorce in the state of Arkansas you do have to identify a “ground” (reason) on the divorce petition. 

No-fault grounds

Basically, this means that it was no one’s fault in particular that the marriage fell apart but that the reason for creating that union no longer exists. There is one no-fault ground for divorce in Arkansas:

• Separation - You and your spouse have lived separately for a continuous period of 18 months or more.

Fault-based grounds

• impotence
• a felony conviction
• alcohol abuse for at least one year
• cruel treatment that endangers the other spouse’s life
• behavior which results in intolerable humiliation, embarrassment, or shame to the other spouse
• adultery
• incurable insanity, and
• willful failure to support the other spouse despite a legal obligation to do so.

In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You will have to continue to be a resident of Arkansas for 30 days after you file your Complaint.

• First, you must meet the residency requirements of the state in which you wish to file.
• Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
• Third, you must file divorce papers and have copies sent to your spouse.
• Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
• Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

There is a three-month waiting period in Arkansas before the divorce will become final. This is the minimum waiting time. If you litigate issues during a divorce, the process of resolving those issues can take months or even years.