Arkansas Family Laws

Standard filing fee is $165 ($185 for electronic filing). Fee waivers are available for those who cannot afford to pay by filing an Application to Proceed In Forma Pauperis with a financial affidavit.

At least one spouse must have been a bona fide resident of Arkansas for at least 60 days before filing the divorce complaint, and the final decree cannot be entered until 3 full months after filing.

Fault grounds include: adultery, impotence at time of marriage, felony conviction, habitual drunkenness for 1 year, cruel and barbarous treatment endangering life, general indignities rendering life intolerable, incurable insanity for 3 years, and living separate and apart for 18 continuous months (no-fault). "General indignities" is the most commonly invoked ground.

All marital property is divided equitably. Arkansas courts generally presume a 50/50 division unless factors warrant otherwise. Separate property (owned before marriage, gifts, inheritances) remains with the original owner. Debts incurred during the marriage are also divided equitably.

Arkansas law presumes that joint custody is in the best interest of the child. Courts consider all relevant factors including the wishes of the child (if old enough), stability of home environments, and the mental/physical health of parents. Domestic abuse, sex offender status, and substance abuse can rebut the joint custody presumption.

Arkansas adopted the income shares model in 2019 (Act 907). Both parents' gross incomes are combined and each parent's share is prorated. The Family Support Chart determines the basic obligation based on combined income and number of children. Adjustments for health insurance, childcare, and extraordinary expenses apply.

Alimony may be temporary (rehabilitative) or permanent. The court considers: financial need, ability to pay, length of marriage, age and health of both parties, earning capacity, standard of living during marriage, and contributions to the other spouse's education or career. No statutory formula exists — courts have broad discretion.

The Domestic Abuse Act allows victims to obtain Orders of Protection. Temporary ex parte orders are available on the day of filing if the judge finds immediate danger. Final orders last 90 days to 10 years after a hearing. Violation is a Class A misdemeanor (up to 1 year jail); second violation within 5 years is a Class D felony.