Natural State Trial Attorneys

Call to schedule a consultation 479-339-0778

  • Home
  • About
    • Ben Catterlin
    • Johnathan Faught
    • Carter Eaton
  • Practice Areas
    • Criminal Law
    • Family Law
  • Communities We Serve
  • Testimonials
  • Blog
  • Pricing
  • Contact
Natural State Trial Attorneys
  • Home
  • About
    • Ben Catterlin
    • Johnathan Faught
    • Carter Eaton
  • Practice Areas
    • Criminal Law
    • Family Law
  • Communities We Serve
  • Testimonials
  • Blog
  • Pricing
  • Contact
EMAIL

CALL

Our firm handles criminal defense,
family law and more for Arkansas clients.

  1. Home
  2.  | 
  3. Divorce
  4.  | 
  5. What you should know about “no-fault” divorce in Arkansas

What you should know about “no-fault” divorce in Arkansas

On Behalf of Natural State Trial Attorneys | Feb 22, 2024 | Divorce

No-fault divorce is much more common than it was decades ago. Many couples choose this option because their marriage simply isn’t working for any number of reasons. Sometimes, even if one spouse is guilty of serious wrongdoing – like adultery, for example – the other spouse may not want to declare that publicly in court.

In Arkansas, if you choose a “fault” divorce, you have to list one or more grounds. These include:

  • Adultery
  • Impotence (from the start of the marriage)
  • “Habitual drunkenness”
  • Being convicted of a felony
  • Endangering the other spouse’s life “through cruel and barbarous treatment”

Perhaps the least specific fault refers to “indignities to the person of the other as shall render his or her condition intolerable.”

Choosing a no-fault divorce can be a less combative way to end a marriage and less embarrassing for both spouses and their children. It’s also the appropriate choice if, as noted, there’s not specific wrongdoing on the part of either spouse that meets the qualifications for a fault divorce. That doesn’t mean, however, that it’s a quick and easy way to end a marriage.

Understanding the state’s separation requirement

Under Arkansas law, a couple must first “have lived separate and apart from each other for eighteen (18) continuous months without cohabitation…. whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties….”

That means if the spouses spend even one night under the same roof, that 18-month calendar resets. A spouse who wants to postpone a divorce could potentially do this if the other spouse isn’t aware of the law. Note also that at least one of the spouses must have resided in the state for at least 60 days before filing for divorce.

Spouses who don’t want to wait 18 months to divorce sometimes use the “indignities to the person” ground to file a fault-based divorce. This can allow them to skip that waiting period and finalize the divorce a lot sooner. These indignities, however, have to be something serious enough to be “intolerable.”

This is just a brief overview of the state’s laws. Also note that the rules regarding divorce if you have a covenant marriage here in Arkansas are considerably different. As such, if you’re considering divorce – or your spouse has already announced their intention to divorce – it’s important to seek personalized legal guidance as soon as possible. This can help you protect your rights and explore your options for ending your marriage as efficiently as possible.

Recent Posts

  • Razorback game day arrest survival guide: How to cheer without getting charged
  • What should you do if police ask to search your car?
  • DWI and DUI: the legal distinctions in Arkansas
  • False allegations and recantations: Domestic violence law in Arkansas
  • How can co-parents communicate more effectively?

Archives

  • July 2026
  • June 2026
  • May 2026
  • January 2026
  • October 2025
  • August 2025
  • June 2025
  • September 2024
  • August 2024
  • June 2024
  • April 2024
  • February 2024
  • December 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Child Custody
  • Criminal Defense
  • Divorce
  • Divorce Debts
  • Domestic Violence
  • Drug Crimes
  • DUI/DWI
  • Family Law
  • Theft & Robbery

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Natural State Trial Attorneys
Review Us

Lowell Office

117 Parkwood St.
Lowell, AR 72745
Lowell Law Office

Phone

479-339-0778
  • Follow

© 2026 Natural State Trial Attorneys • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw