USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Hannah Lange and Aaron Bundy, Bundy Law
Bundy Law 240 South Main Street Suite 280 Bentonville AR 72712 USA
Tel: +1 479 579 2121 Fax: +1 918 512 4998 Email: info@bundy.law Web: www.bundylawoffice.com
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 Annotated. 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 intoler - able. At the time of writing (January 2025), there are no separate dissolution procedures in the Arkansas Code Annotated for same-sex spouses. Arkansas does not have a period of separa - tion requirement unless the parties intend to file under the 18-month separation section of Sec - tion 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 Arkan - sas Code Annotated). Service of divorce actions in Arkansas is gov - erned 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 defendant 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 sum - mons and a file-marked copy of the complaint must be served upon the defendant. This ser - vice can be by the sheriff of the county where the service is to be performed, a professional process server, other personal service pursuant
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