Divorce in Arkansas: everything you need to know
From filing and records to costs and more, this guide will take you through divorce in Arkansas.
Summary
Arkansas allows both “fault” and “no-fault” divorces.
Arkansas is an “equitable distribution” state, meaning most assets and debts acquired or incurred during the marriage are considered marital property and are divided fairly.
To file for divorce in Arkansas, you must have lived in the state for at least 60 days.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Arkansas?
Arkansas allows both “fault” and “no-fault” divorces.
You can get a “no-fault” divorce if you and your spouse have lived separately for at least 18 months without cohabitation.
To get a “fault-based” divorce, you will need to prove one of the following grounds:
Adultery
Felony conviction
Impotence
Habitual drunkenness
Cruel and inhuman treatment
Intolerable indignities
Insanity
Failure to support
How much does it cost to get divorced in Arkansas?
The costs involved in getting divorced vary widely based on whether the divorce is contested and if there are children or significant assets involved.
Some key costs in an Arkansas divorce may include:
Court filing fees: Between $150 and $200 to file the case.
Service fees: Around $50+ to serve your spouse with the papers.
Attorney fees: From $1,500+ for simple agreements up to $10,000+ if litigation over property or custody rights.
Mandatory mediation: If you have children together, you may have to pay for mediation to develop a parenting plan.
Expert evaluations: In high-conflict custody cases, evaluators may assess parental fitness at around $3,000 per parent.
Filing taxes as “married filing separately” can also affect your tax liability during separation. So, it’s important to plan for potential tax implications.
How are assets divided in an Arkansas divorce?
Arkansas is an “equitable distribution” state.
This means most assets and debts acquired or incurred during the marriage are considered marital property and are divided fairly, but not necessarily equally, by the court.
Debts accrued jointly are also divided.
The court will consider several factors when dividing marital property, such as:
The length of the marriage
The age, health, and income of each spouse
The contribution of each spouse to the acquisition, preservation, or appreciation of the property
The needs of each spouse and the children
The conduct of each spouse during the marriage
Any prenuptial or postnuptial agreements
Property acquired before the marriage is considered separate property, along with the income from it and anything purchased with it during the marriage.
Property received by gift or inheritance is also separate property unless it was commingled with marital property. Separate property is not subject to division by the court.
Can I get alimony or spousal support in Arkansas?
Arkansas courts may award alimony to help support the lower-earning spouse after divorce.
Judges have broad discretion to decide whether to grant alimony and, if so, how much and for how long.
Arkansas law does list factors judges may consider in determining alimony, which include:
The income and property of each spouse
The financial obligations and needs of each spouse
The duration of the marriage
The age, health, and employability of each spouse
The tax consequences of the alimony award
The conduct of each spouse during the marriage
Any other relevant factors
However, the longer the marriage lasted while one spouse gave up their earning potential, the more likely and longer-lasting alimony may be ordered.
Alimony is not permanent in most cases. State law does not specify any duration limits for alimony, but judges are expected to consider the possibility of the recipient becoming self-supporting.
Alimony may also be modified or terminated if there is a substantial change in circumstances.
Get expert financial advice
Going through a divorce in Arkansas can be complicated and emotional. Understanding the legal landscape and financial implications from the start helps reduce stress during an already difficult transition.
Speak to an expert financial advisor to make the best choices for your situation when navigating the complex process.
Unbiased can connect you with a financial advisor perfectly suited to meet your needs. Simply provide some details about what you’re looking for, and the Unbiased platform will match you with your advisor.
Writers
Our team of writers, who have decades of experience writing about personal finance, including investing and retirement, are here to help you find out what you must know about life’s biggest financial decisions.