Divorce may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states commonly accord divorces because to force a couple to stay married would be against public policy.

 "No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for divorce, even if fault grounds exist within the marriage. Other states, including Arkansas, allow the members of a couple to select either a no-fault or a fault divorce. 

 The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all states currently allow for some variation of it. A no-fault divorce is one in which neither of the parties legally faults, or blames, the other for the divorce. Some examples of grounds for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.”

The basis for a no-fault divorce in Arkansas is living apart for 18 months or more without cohabitation. An Arkansas court will grant a divorce on this basis at the petition of either spouse, whether the separation was the voluntary act of one spouse or by mutual consent of both spouses, or due to the fault of either or both parties.

Many states require a “cooling-off” period of separation for a specified length of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separately from each other with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In Arkansas, this waiting period is 18 months.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. The grounds for a fault divorce in Arkansas are impotency at the time of marriage, conviction of a felony, habitual drunkenness, cruel and barbaric treatment, personal indignities, adultery, living apart for at least three years due to the incurable mental illness of one of the spouses, and failure to support. For a complete listing of the grounds for divorce in Arkansas, see divorcesource.com.

At least one of the spouses must have been an Arkansas resident for at least 60 days prior to filing for divorce. If the non-filing spouse lives in Arkansas, divorce is filed in that spouse's county. If the non-filing spouse does not live in Arkansas and has not been living in another state for more than one year, a divorce may be filed in the Arkansas County where the couple lived as husband and wife.

When filing for divorce in Arkansas, the petitioner must state the grounds upon which the divorce is sought. The grounds must be supported with evidence or testimony; otherwise, the court may dismiss the action.

Divorce laws vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states can be found at abanet.org.

*An example of an Arkansas Divorce Settlement Agreement can be seen on Free Legal Aid.