Arkansas Family Law Guide — Divorce, Custody & Support
Divorce, custody, support, and property division under Arkansas law — grounds, process, timelines, and what to expect
Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.
Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.
Grounds for divorce in Arkansas §9-12-301
Arkansas allows no-fault divorce based on separation for 18 continuous months §9-12-301. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. Arkansas also recognizes fault-based grounds including adultery, conviction of a felony or infamous crime, habitual drunkenness for 1+ year, and others.
The divorce process — step by step
Contested vs. uncontested divorce
| Uncontested | Contested | |
|---|---|---|
| Definition | Both spouses agree on all issues | Spouses disagree on one or more issues |
| Timeline | Shorter (after waiting period) §9-12-310 | Longer |
| Court involvement | Court reviews agreement | Court decides disputed issues |
| Who decides | The spouses, by agreement | The judge, based on evidence and statute §9-12-301 |
Key areas the court addresses
Child custody §9-13-101
Courts determine custody based on the best interests of the child, with no presumption favoring either parent. Relevant factors include each parent's relationship with the child, adjustment to home and school, and the mental and physical health of all parties.
Child support §9-12-312
Arkansas uses an income-shares model. Based on combined adjusted gross income of both parents using the Arkansas Family Support Chart.
Property division §9-12-315
Arkansas follows equitable distribution. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.
Spousal support §9-12-312
Courts may award alimony based on the needs of the recipient spouse and the payor's ability to pay, considering length of marriage, standard of living, and earning capacity.
What changes the outcome?
- Quality and completeness of financial documentation
- Timing of filing, responses, and temporary-order requests
- Existing court orders or pending cases
- Whether children are involved (adds custody and support layers)
- Willingness to negotiate versus taking issues to trial
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- No-fault: separation for 18 continuous months
- Fault grounds include adultery, conviction of a felony or infamous crime, habitual drunkenness for 1+ year, cruel and barbarous treatment endangering life, incurable insanity
- Based on combined adjusted gross income of both parents using the Arkansas Family Support Chart
- Presumptive guideline amount; deviation requires written findings