Arkansas Ground Rules

According to Arkansas divorce law, a divorce may be granted in Arkansas for any of the following grounds:

1. Where either party, at the time of the contract, was and still is impotent;
2. Where either party shall be convicted of a felony or other infamous crime;
3. Where either party shall be addicted to habitual drunkenness for one (1) year, shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall offer such indignities to the person of the other as shall render his or her condition intolerable as determined through Arkansas divorce law;
4. Where either party shall have committed adultery subsequent to the marriage, as decided by Arkansas divorce law;
5. Where husband and wife have lived separate and apart from each other for eighteen (18) continuous months, without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one party or by the mutual consent of both parties or due to the fault of either party or both parties, as per Arkansas divorce law;
6. (a) In all cases where a husband and wife have lived separate and apart for three consecutive years, without cohabitation, by reason of the incurable insanity of one of them, the court shall grant a decree of absolute divorce upon the petition of the sane spouse (according to Arkansas divorce law) if the proof shows that the insane spouse has been committed to an institution for the care and treatment of the insane for three or more years prior to the filing of the suit, been adjudged to be of unsound mind by a court of competent jurisdiction, and has not been discharged from such adjudication by such court and the proof of insanity is supported by the evidence of two reputable physicians familiar with the mental condition of the spouse, one of whom shall be a regularly practicing physician in the community wherein such spouse resided and, where the insane spouse has been confined in an institution for the care and treatment of the insane, that the proof in the case is supported by the evidence of the superintendent or one of the physicians of the institution wherein the insane spouse has been confined;
   (b) In all decrees granted under this subdivision, the court shall require the plaintiff to provide for the care and maintenance of the insane defendant so long as he or she may live, in Arkansas divorce law. The trial court will retain jurisdiction of the parties and the cause, from term to term, for the purpose of making such further orders as equity may require to enforce the provisions of the decree requiring plaintiff to furnish funds for such care and maintenance;
   (c) Service of process upon an insane spouse shall be had by service of process upon the duly appointed, qualified, and acting guardian of the insane spouse or upon a duly appointed guardian ad litem for the insane spouse, and where the insane spouse is confined in an institution for the care of the insane, upon the superintendent or physician in charge of the institution wherein the insane spouse is at the time confined, according to Arkansas divorce law. However, where the insane spouse is not confined in an institution, Arkansas divorce law says that service of process upon the duly appointed, qualified, and acting guardian of the insane spouse, or duly appointed guardian ad litem and thereafter personal service or constructive service on an insane defendant by publication of warning order for four weeks shall be sufficient;
7. Where either spouse legally obligated to support the other and having the ability to provide the other with the common necessaries of life, willfully fails to do so, as determined by Arkansas divorce law.

Annulment

In Arkansas divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney about Arkansas divorce law and annulment. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution as per Arkansas divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.