Grounds for Divorce in Arkansas: What You Must Prove to End Your Marriage
Brandon Haubert
Jan 8, 2026
Who this is for: This guide is for Arkansas residents considering divorce who want to understand the legal reasons (grounds) required by the state courts. It is specifically designed for those representing themselves ("pro se") who want to ensure their paperwork is accepted the first time.
Key Takeaways:
Arkansas is not a pure "no-fault" state; you generally need a specific reason (ground) to file.
The only true "no-fault" ground requires living separately for 18 continuous months.
"General Indignities" is the most commonly used fault-based ground for faster processing.
Generic national divorce forms often list "Irreconcilable Differences," which is not a valid ground in Arkansas for the initial filing.
Choosing the wrong ground can cause the judge to reject your Complaint for Divorce.
Table of Contents
Why "Irreconcilable Differences" Usually Doesn't Work in Arkansas
If you search online for "divorce papers," you will find thousands of websites offering generic forms. Almost all of them will tell you to list "Irreconcilable Differences" as the reason for your divorce.
In Arkansas, "Irreconcilable Differences" is not a stand-alone ground for divorce.
While some states allow you to simply tell the court "we don't get along anymore," Arkansas law requires you to be more specific. You must plead and prove one of the specific grounds listed in the Arkansas Code. If you submit a Complaint for Divorce that only lists "irreconcilable differences" without meeting the specific statutory requirements of separation or fault, the judge may dismiss your case. If that happens, you may have to start over and potentially pay a new filing fee.
This is the number one reason self-represented Arkansans see their initial paperwork rejected.
The Two Paths: Fault vs. No-Fault
Arkansas effectively has a hybrid system. You generally have two choices when filing:
Wait it out (No-Fault): You live apart for a long time to prove the marriage is dead.
Assign blame (Fault): You prove that your spouse did something specific that destroyed the marriage, allowing you to divorce sooner.
Why Choose One Over the Other?
Privacy vs. Speed: The no-fault option keeps "dirty laundry" out of the public record but requires a long wait. Fault grounds can move faster but require you to state specific bad acts in a public document.
Corroboration: In Arkansas, you cannot just admit to the grounds. A witness (friend, family member, neighbor) must usually attend the hearing or sign an affidavit to confirm your grounds.
The "No-Fault" Option: 18-Month Separation
This is currently the only true "no-fault" ground in Arkansas. It is legally defined as living "separate and apart" for 18 continuous months without cohabitation.
What "Separate and Apart" Means
It does not mean sleeping in different bedrooms or living in the basement. In Arkansas, judges typically interpret this to mean you must reside at different addresses.
The Rules:
Time: Must be a full 18 months before you file the divorce complaint.
Continuity: If you get back together for a week to "try again," the clock typically resets to zero.
Proof: You will likely need a witness to testify that they know you have lived apart for that entire period.
Why people avoid this ground: Most people do not want to wait a year and a half after splitting up to finalize their divorce, especially if they need to divide assets or formalize custody quickly.
The Most Common Fault Ground: General Indignities
Because the 18-month wait is so long, the most frequently used ground in Arkansas is "General Indignities".
This sounds like old-fashioned legal language, but it is a catch-all term for mistreatment. It covers a pattern of behavior that makes your life intolerable. It is not about a single argument; it is about a consistent pattern.
What Counts as General Indignities?
To use this ground, you generally need to show that your spouse has consistently treated you with:
Rudeness
Vulgarity
Unmerited reproach (blaming you for things you didn't do)
Abuse
Settled hate
Alienation of affection
Practical Example: If your spouse constantly insults you, ignores you, embarrasses you in public, or treats you with contempt, this often qualifies as general indignities.
The "Clean Hands" Doctrine: Be aware that Arkansas follows a doctrine called "recrimination" in some contested cases. Essentially, if both parties are equally at fault, the court can technically deny the divorce. However, in most modern uncontested cases, if one party alleges general indignities and the other agrees to the divorce, the court will typically grant it.
Other Specific Grounds for Divorce
If you have a very specific reason for the split, you can use one of the other grounds listed in Arkansas Code § 9-12-301. These are harder to prove but necessary in some cases.
1. Adultery
You must prove your spouse had a sexual relationship with someone else.
Warning: You cannot just "suspect" it. You need evidence (texts, photos, admissions).
Impact: Proving adultery can sometimes impact alimony (spousal support) decisions, though it rarely impacts child custody unless the affair happened in front of the children.
2. Habitual Drunkenness
This requires proof that your spouse has a habit of getting drunk that has lasted for at least one year. A single DUI or occasional partying is usually not enough; it must be a habit that disrupts the marriage.
3. Cruel and Inhuman Treatment
This usually refers to physical abuse or threats of violence that endanger your life. If you are in this situation, safety is the priority over paperwork. (See the "When to talk to a lawyer" section below).
4. Felony Conviction
If your spouse is convicted of a felony or an "infamous crime," this is grounds for divorce.
Checklist: What You Need to Prove
Before you file your Complaint for Divorce, run through this checklist to ensure you have valid grounds.
Residency: Has one of you lived in Arkansas for at least 60 days before filing? (And will have lived here for 3 months by the time the judgment is signed?).
The Ground: Can you clearly state one of the grounds above (e.g., General Indignities or 18-month separation)?
The Witness: Do you have a third party (friend, parent, sibling) who knows your marriage situation and is willing to sign an affidavit or testify in court to verify your residency and your grounds?
Note: In Arkansas, you generally cannot be divorced solely on your own testimony. You need corroboration.
Why National Forms Often Fail Here
This is where many DIY divorce attempts in Arkansas hit a wall.
The Problem: National "fill-in-the-blank" websites use a generic template for all 50 states. They often insert "Irreconcilable Differences" because that works in California or New York.
The Consequence: If you file that document in Pulaski or Washington County (or any Arkansas county), the Clerk may accept the filing fee, but the Judge may later reject the decree because the Complaint failed to state a valid cause of action under Arkansas law.
The ArkansasLegalNow Difference: Our forms are built specifically for Arkansas statutes. We include the correct language for "General Indignities" or "18-Month Separation" so that your paperwork aligns with what local judges require.
When You Should Talk to a Lawyer
While many people successfully handle their own divorce in Arkansas, some situations are too risky for self-help. You should speak with a licensed Arkansas attorney if:
There is Domestic Violence: If you are afraid for your safety, do not worry about forms. Contact a local shelter or attorney immediately. You may need an Order of Protection.
Significant Assets: If you have a business, large retirement accounts, or real estate in multiple states, a lawyer can ensure you don't lose your fair share.
Paternity Issues: If a child was born during the marriage but is not the husband's biological child, specific legal language is required to disestablish paternity.
Next Steps
Choosing your grounds is just the first step. Next, you need to put that information into the correct legal format—the Complaint for Divorce.
ArkansasLegalNow helps you generate the specific documents you need, checking for the common pitfalls that cause delays in Arkansas courts.
Verified for Arkansas: We don't use generic national templates.
Simple Language: We guide you through the questions in plain English.
Court-Ready: You get a clean, professional packet ready to file.
Ready to start your paperwork? Get Started
Sources
Arkansas Code § 9-12-301 (Grounds for divorce) Source: Arkansas State Legislature https://advancelookup.com/public/document/group/AR/statutes/prima/c/AR_statutes_2020_00_09_012_00301