Grounds for Divorce in Arkansas

Arkansas Is a Statutory-Grounds State

You can't file for divorce in Arkansas just because the marriage isn't working. The court has no authority to dissolve your marriage unless you plead and prove one of the specific grounds listed under Ark. Code Ann. § 9-12-301. Every complaint must name a ground, and contested cases require corroborating evidence from a third-party witness.

This puts Arkansas among the most restrictive states in the country for divorce — there's no simple "irreconcilable differences" checkbox.

The No-Fault Ground: 18-Month Continuous Separation

Under § 9-12-301(b)(5), the only no-fault path requires both spouses to live completely separate and apart for 18 continuous months, without cohabitation. Arkansas courts interpret this with absolute literalism:

• Separate households required. Living in different rooms of the same house doesn't count.
• Any cohabitation resets the clock. A single night spent together, including intimate relations, breaks the continuity and restarts the 18-month period from zero.
• Third-party corroboration is mandatory. Even in an uncontested case, a neutral witness must verify the separation dates under § 9-12-306(c)(1). The court won't accept the spouses' word alone.

This ground makes sense when one spouse won't cooperate with a fault-based filing, or when both parties are already living apart and the timeline has naturally passed. For couples still under the same roof, it means waiting a year and a half before they can even file.

The Fault-Based Grounds

Arkansas recognizes seven fault-based grounds. In uncontested cases, § 9-12-306(a) waives the corroboration requirement — meaning neither spouse has to prove the alleged conduct if the other doesn't contest. In contested cases, the plaintiff must provide evidence and a corroborating witness.

General indignities (§ 9-12-301(b)(3)(C)) — Conduct that renders the other spouse's condition intolerable. This is by far the most commonly used ground in Arkansas because it has no mandatory separation period and doesn't require proof when the case is uncontested. Cooperative couples routinely file under general indignities to avoid the 18-month wait.

Adultery (§ 9-12-301(b)(4)) — Voluntary sexual intercourse with someone other than the spouse. No separation period required. In contested cases, the plaintiff needs corroborating evidence beyond their own testimony.

Cruel and barbarous treatment (§ 9-12-301(b)(3)(B)) — Physical conduct that endangers the other spouse's life. This is the ground typically used in domestic violence situations and requires proof of actual life-threatening behavior, not just verbal cruelty.

Felony conviction (§ 9-12-301(b)(2)) — The other spouse has been convicted of a felony. An objective, provable ground that can be verified with a certified sentencing order.

Habitual drunkenness (§ 9-12-301(b)(3)(A)) — A consistent pattern of severe alcohol or drug dependency that has persisted for at least one year. Requires proof of ongoing substance abuse, not isolated incidents.

Incurable insanity (§ 9-12-301(b)(6)) — The other spouse has been confined to a mental institution for at least three consecutive years and is medically certified as incurable. Rarely used. The filing spouse is obligated to provide financial support to the institutionalized spouse for life.

Willful failure to support (§ 9-12-301(b)(7)) — A spouse with the physical and financial ability to provide support deliberately refuses to do so. Applicable when one spouse abandons financial responsibility.

How to Choose Your Ground

For most couples going through an uncontested divorce, the decision is straightforward:

Choose general indignities if both spouses agree on the terms and want to finalize quickly. You won't need to prove anything to the court because the uncontested waiver under § 9-12-306(a) eliminates the corroboration requirement.

Choose 18-month separation if you've already been living apart for the full period and prefer a no-fault approach, or if your spouse won't cooperate with a fault-based filing but also won't contest the divorce.

Choose a specific fault ground if you're in a contested situation and need the court to consider marital misconduct in property division or support decisions. Arkansas courts can factor fault into equitable distribution of property.

The Covenant Marriage Exception

If you and your spouse entered a Covenant Marriage under the Covenant Marriage Act of 2001 (§ 9-11-801), the standard grounds don't apply. Covenant marriages can only be dissolved under restricted circumstances: adultery, felony conviction, physical or sexual abuse, or a two-year continuous separation. The general indignities bypass is not available to covenant spouses.

Covenant marriages are relatively rare, but if your marriage certificate includes a Declaration of Intent, check whether you're in one before choosing your ground.

The Arkansas Divorce Filing Process Guide walks through each ground in detail and includes a decision worksheet to help you identify the right ground for your situation.

See more Arkansas guides →