Divorce Law in Arkansas
Are you facing a difficult divorce in Arkansas? Has your spouse already hired an attorney?
When spouses cannot agree on key issues—such as money, custody, or property—those disputes often end up in mediation or in court. Having legal representation helps protect your interests and ensures that the process stays on track.
Issues Involved in Arkansas Divorce Law
A divorce involves several legal and financial matters that must be settled before the marriage can be dissolved. These decisions often create tension, especially when emotions run high.
Dividing Property
In many states, including Arkansas, property accumulated during the marriage is considered marital property and can be divided between the spouses. This may include personal belongings, real estate, bank accounts, retirement funds, vehicles, and investments.
Some states divide marital property equally. Others divide assets based on what is equitable. Under an equitable system, judges consider each spouse’s financial contributions, non-financial contributions (like childcare or homemaking), and overall economic circumstances. That means the final division may not be a strict 50/50 split.
Child Support
Both parents share financial responsibility for their children. Child support helps cover basic expenses like housing, medical care, clothing, transportation, and school-related costs.
In Arkansas, child support is generally calculated as a percentage of the noncustodial parent’s net income after allowable deductions. Courts interpret income broadly to ensure children are supported. The Arkansas Child Support Estimator can help parents understand what a payment amount might look like.
Payments are handled through the Arkansas Child Support Clearinghouse. According to the Office of Child Support Enforcement (OCSE), unpaid support can lead to wage garnishment, credit reporting, license suspension, property liens, or jail time if the court finds that the payor can pay but refuses to comply.
Alimony
Alimony—or spousal support—depends on each family’s financial circumstances. Courts in Arkansas look at several factors when determining whether support is appropriate, including:
- A spouse’s need vs. the other spouse’s ability to pay
- Age and health
- How long did the marriage last
- Education, job skills, and earning potential
- Property division
- Parental duties
- Any separate assets owned by either spouse
Under Arkansas Code Title 9, a judge can order temporary support (pendente lite) during the divorce and award permanent or short-term alimony afterward.
Permanent alimony is usually reserved for spouses who have limited earning ability because of advanced age or serious health conditions. Short-term alimony may help a spouse obtain training or education to re-enter the workforce.
Child Custody and Visitation
Custody often becomes the most emotional part of a divorce involving children. Arkansas courts decide custody based on what serves the best interests of the child.
Under Arkansas law, custody decisions are made without regard to the gender of either parent. Joint custody is preferred and often awarded when both parents can cooperate. Courts may also consider the child’s preference, the importance of maintaining strong relationships with both parents, and whether there is a history of domestic violence or substance abuse.
Generally, Arkansas courts award joint legal custody. This gives both parents authority over decisions involving healthcare, education, and religious upbringing. Joint legal custody does not guarantee equal physical custody, and even a parent without physical custody may still receive visitation unless the court determines it is unsafe.
The Process of Going Through Divorce Law in Arkansas
If you are considering divorce, it helps to understand how the Arkansas process works.
Step 1: File the Divorce Petition
A divorce begins when one spouse files a petition with the court. The petition must include:
- Grounds for divorce
- Proof that at least one spouse meets residency requirements
- Any other information required by state law
While many states allow no-fault divorce, Arkansas only allows a no-fault divorce if the couple has lived separately for at least 18 consecutive months.
Step 2: Request Temporary Orders
Some families need immediate rulings while the divorce is pending. Temporary orders may address:
- Child custody
- Child support
- Spousal support
- Property protections
- Status quo orders
These orders provide structure while the case works its way through the court system.
Step 3: Serve Your Spouse and Wait for Their Response
The petitioning spouse must serve the divorce papers on the other party. If the spouse accepts service, they sign an affidavit acknowledging receipt. If not, a sheriff or process server may deliver the documents and provide proof of service to the court. This step is required before the case moves forward.
Step 4: Try To Come to an Agreement
The ideal outcome is an uncontested divorce, where both spouses agree on all issues. Some spouses reach an agreement on their own, while others work with a mediator. Settling disputes out of court saves time, lowers legal costs, and reduces stress.
Step 5: Go To Court
If an agreement cannot be reached, the case is decided by a Arkansas judge. The Arkansas Circuit Courts handle domestic relations cases, including divorce. 28 Judicial Circuits are serving all 75 counties in the state.
Step 6: Receive the Judgment of Divorce
At the end of the case, the court issues a formal judgment of divorce. This document ends the marriage and outlines how assets, debts, custody, visitation, and support will be handled. Both spouses must follow the court’s final order.
Work With an Experienced Arkansas Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Arkansas divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Arkansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Has reading this article raised questions about a different sector of Arkansas law?
