General Indignities Arkansas Divorce: The Fast-Track Ground Explained

What "General Indignities" Actually Means

Under Ark. Code Ann. § 9-12-301(b)(3)(C), general indignities is one of the fault-based grounds for divorce in Arkansas. The statute defines it as conduct by one spouse that renders the other's condition intolerable.

On paper, this sounds like something you'd have to prove in court — specific acts of mistreatment, witnesses, evidence. In practice, general indignities is the mechanism that makes fast, cooperative divorce possible in Arkansas.

Why This Ground Matters So Much

Arkansas doesn't have a standard "irreconcilable differences" option. The only no-fault ground requires 18 months of continuous physical separation in separate households, with corroborating witness testimony to prove it. For couples who haven't been living apart that long — or who have briefly reconciled during the period — the no-fault route is unavailable.

General indignities eliminates the wait. There's no mandatory separation period. You can file immediately as long as you meet the 60-day residency requirement.

But the real power is in the corroboration rules.

The Uncontested Corroboration Waiver

Here's the provision that makes everything work: Ark. Code Ann. § 9-12-306(a) states that in uncontested divorce actions, corroboration of the plaintiff's grounds for divorce is not necessary or required.

In plain language: if your spouse doesn't contest the divorce, you don't have to prove the general indignities allegation. You assert it in the Complaint, your spouse agrees not to dispute it, and the court accepts it at face value.

This means cooperative couples can:

1. File a Complaint alleging general indignities
2. Have the respondent spouse sign an Entry of Appearance and Waiver of Service
3. Submit their agreed terms in a Marital Settlement Agreement
4. Finalize the divorce as soon as the 30-day waiting period expires

No one testifies about misconduct. No one proves intolerable treatment. The ground is technically fault-based, but the uncontested waiver makes it function as the de facto no-fault pathway for agreed divorces.

This Isn't Collusion

You might wonder whether using general indignities as a procedural mechanism — without genuine misconduct — constitutes collusion. It doesn't.

Ark. Code Ann. § 9-12-308 prohibits collusion, defined as an agreement between the spouses to fabricate grounds or lie under oath to obtain a divorce. But the general indignities mechanism doesn't require fabrication. The Complaint asserts the ground, and the uncontested waiver under § 9-12-306(a) simply eliminates the corroboration requirement. The plaintiff isn't fabricating evidence — they're filing under a ground where evidence isn't required in uncontested cases.

Arkansas courts have relied on this mechanism for decades. It's the standard operating procedure for uncontested divorce, not a loophole.

What You Still Need

Using general indignities eliminates the 18-month separation wait and the grounds corroboration requirement. It does not eliminate:

Residency corroboration. You still need a third-party corroborating witness to verify your physical presence in Arkansas under § 9-12-306(c)(1). This requirement applies to every divorce, regardless of the ground or whether the case is contested.

The 30-day waiting period. No decree can be entered until at least 30 days after the Complaint is filed. This is a separate statutory requirement under § 9-12-307(a)(1)(B).

The three-month residency minimum. At least one spouse must have lived in Arkansas for three continuous months before the decree is entered.

Financial disclosures. Both spouses must exchange completed Affidavits of Financial Means under Administrative Order No. 10.

Parenting classes. If minor children are involved, both parents must complete a two-hour co-parenting course under § 9-12-322.

When General Indignities Doesn't Work

This pathway requires cooperation. If your spouse contests the divorce — disputes the ground, objects to the proposed terms, or simply refuses to agree — the § 9-12-306(a) waiver doesn't apply.

In a contested case, you'd have to actually prove general indignities with evidence and corroborating witness testimony, or switch to another ground. At that point, many people either negotiate toward an agreement (converting the case back to uncontested) or proceed through the full contested litigation track.

Spouses in a Covenant Marriage under § 9-11-801 also cannot use general indignities — Covenant Marriages have their own restricted set of dissolution grounds.

The Arkansas Divorce Filing Process Guide explains how to draft the Complaint under general indignities and walks through every step of the uncontested finalization process.

See more Arkansas guides →