Grounds for Divorce under Arkansas Law
To obtain a divorce in Arkansas, you must have “grounds”, i.e., a legally recognized basis for ending the marriage. Arkansas law recognizes nine grounds for divorce. See Ark. Code Ann. § 9-12-301.
A handful of these grounds make up the majority of divorce filings.
First, there is separation. This is the only “no-fault” ground for obtaining a divorce in Arkansas. This means that it does not require proof that one of the parties is to blame. Under this ground, “When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party.” Ark. Code Ann. § 9-12-301(b)(5), This is the best option for couples who wish to end things even though neither party has acted wrongfully or otherwise wishes to avoid speaking ill of the other.
The other most common ground is general indignities. Per the statute, divorce is available where one party “offers such indignities to the person of the other as shall render his or her condition intolerable.” Ark. Code Ann. § 9-12-301(b)(3)(C).. Because of its broad language, it can be applied to several factual situations:
To obtain a divorce on the basis of general indignities, a plaintiff “must show a habitual, continuous, permanent, and plain manifestation of settled hate, alienation, and estrangement on the part of one spouse, sufficient to render the condition of the other intolerable.” Lundy, 2014 Ark. App. 573, at 2, 445 S.W.3d at 520. Theses manifestations may consist of rudeness, unmerited reproach, contempt, studied neglect, and open insult; however, mere uncongeniality and quarrelsomeness, without more, are insufficient to sustain an accusation of general indignities. Id. In contested divorce cases, the grounds for divorce must be corroborated unless specifically waived in writing, but the evidence of corroboration need only be slight, and it is unnecessary to corroborate every element or essential fact of the complaining spouse’s testimony. Coker v. Coker, 2012 Ark. 383, 423 S.W.3d 599.
Janjam v. Rajeshwari, 2020 Ark. App. 448, at
12.This ground is typically used in instances where one party repeatedly mistreats or abuses the other or the parties’ relationship is otherwise broken. This is the most common fault-based ground for divorce.
Another common ground is “cruel and barbarous treatment,” which allows a divorce where one spouse is “guilty of such cruel and barbarous treatment as to endanger the life of the other.” Ark. Code Ann. § 9-12-301(b)(3)(B). Though Arkansas courts have not interpreted this ground much in recent years, the most common application is to marriages in which physical spousal abuse is present. See Rogers v. Rogers, 90 Ark. App. 321 (2005). However, this is not necessarily required:
A spouse may be guilty of "cruel and barbarous treatment" under our statute, Ark. Stats. 1947, Sec. 34-1202, without the infliction of blows. The test is stated in Kientz v. Kientz, 104 Ark. 381, 149 S.W. 86, 88, as follows: "In order to constitute cruel treatment, which our law recognizes as ground for divorce, there must be proof of wilfulness or malice on the part of the offending spouse, and the effect of that treatment must be to impair or threaten the impairment of the complaining party's health or such as to cause mental suffering sufficient to make the condition of the complaining party intolerable."
Obennoskey v. Obennoskey, 220 S.W.2d 610, 612 (Ark. 1949).
Another common ground for divorce is adultery. Ark. Code Ann. § 9-12-301(b)(4).
Because general indignities is broad enough to encompass many different issues, it is often pled in situations that might support cruel and barbarous treatment or adultery. An important advantage of this tactic is that it allows parties to use certain conduct to obtain a divorce without, for instance, publicizing those issues more than is necessary.
The remaining grounds are used much less frequently. Additionally, like cruel and barbarous treatment and adultery, the facts supporting these grounds are often pled under general indignities.
The other grounds are:
Habitual Drunkenness: “When either party shall [b]e addicted to habitual drunkenness for one (1) year.” Ark. Code Ann. § 9-12-301(b)(3)(A).
Failure to Support: “When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.” Ark. Code Ann. § 9-12-301(b)(7)
Criminal Conviction: “When either party shall be convicted of a felony or other infamous crime.” Ark. Code Ann. § 9-12-301(b)(2). Because Arkansas has not precisely defined what is meant by an “infamous crime”, this one can be a bit tricky with respect to non-felony crimes. However, by its own terms, it clearly includes felony convictions.
Impotence: “When either party, at the time of the contract, was and still is impotent.” Ark. Code Ann. § 9-12-301(b)(4)
Insanity: One of the spouses has been adjudicated insane and institutionalized for 3 or more years. See Ark. Code Ann. § 9-12-301(b)(6)(A).
If you wish to pursue a divorce and have questions as to whether your situation qualifies under Arkansas family law, contact us by phone, email, or online form for a consultation.
