USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Aaron Bundy and Grace Ann Green, Bundy
1. Divorce 1.1 Grounds, Timeline, Service and Process In Arkansas, there are multiple grounds for divorce under Section 9-12-301 of the Arkansas Code Anno ‑ tated. These grounds can include, but are not limited to: • a felony conviction for either party; • living separate and apart for 18 continuous months without the benefit of cohabitation; • habitual drunkenness for one year or more; and • committing indignities against the other party so as to make their life in the marriage intolerable. At the time of writing (January 2026), there are no sep ‑ arate dissolution procedures in the Arkansas Code Annotated for same-sex spouses. Arkansas does not have a period of separation requirement unless the parties intend to file under the 18-month separation section of Section 9-12-301 (b) (5). There is a mandatory 30-day waiting period before a divorce can be finalised after the date the complaint for divorce is filed. Even if all parties are in agreement as to the split of their assets, custody arrangement, and any other considerations, a judge will not grant a final divorce until after the 30-day waiting period has expired (Section 9-12-307 (a)(1)(B) of the Arkansas Code Annotated). Service of divorce actions in Arkansas is governed by Rule 4 of the Arkansas Rules of Civil Procedure. A summons must be issued to the defendant and be “styled in the name of the court and issued under its seal, dated and signed by the clerk or a deputy clerk, and directed from the State of Arkansas to the defend ‑ ant to be served”. The summons must also direct the defendant on the parties involved in the lawsuit, the timeline of response, the name and address of the plaintiff’s attorney (if applicable – if not applicable, then the name and address of the plaintiff), and notice that failure to respond within the time could result in a judgment by default. Following the issuance of a summons, the summons and a file-marked copy of the complaint must be served upon the defendant. This service can be by
the sheriff of the county where the service is to be per ‑ formed, a professional process server, other personal service pursuant to Administrative Order No 20, or by alternative delivery of certified mail, first-class mail, or delivery service in particular circumstances (Rule 4 of the Arkansas Rules of Civil Procedure). There is a strong preference for personal service. Annulments in Arkansas are available in limited cir ‑ cumstances, as laid out in Section 9-12-201 of the Arkansas Code Annotated. These circumstances include: • one or both of the parties being below the age of legal marriage (18 years of age without parental consent); • one or both of the parties being unable to compre ‑ hend the marriage owing to mental incapacity or other incapacity; • one or both of the parties being unable to physi ‑ cally consummate the marriage; or • one or both of the parties being forced into the marriage or convinced to agree by fraud or other deception. 1.2 Choice of Jurisdiction in Divorce Proceedings The jurisdiction of divorce proceedings in Arkansas falls under Section 9-12-303 et seq of the Arkansas Code Annotated. A divorce may be filed in the county in which the plaintiff resides. If the plaintiff is not a resident of the State of Arkansas, and the defendant is, the plaintiff may file the matter in the county in which the defendant resides. To meet the residency requirements for divorce in Arkansas, either the plain ‑ tiff or the defendant must be a resident of the state for at least 60 days preceding the filing of the action and continue living in the state for 30 days after the filing of the action, for a total of 90 days of residency before the final divorce can be granted. At the time of writing (January 2026), there are no separate jurisdic ‑ tional requirements in the Arkansas Code Annotated for same-sex spouses. In Arkansas, domicile and residence are distinct con ‑ cepts (Rule 2.26-51-102 (9) of the Arkansas Admin ‑ istrative Code). Based on Arkansas tax regulations, there is a three-prong test, and satisfaction of any one
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