What are the grounds for divorce in Arkansas?

A: Arkansas is not a "no-fault" state. It also doesn't allow for "irreconcilable differences" as grounds for divorce. You must prove one or more of the statutory grounds for divorce. Covenant marriages require proof of different grounds for divorce. Arkansas law sets forth the following grounds for divorce for a non-covenant marriage:

(1) When either party, at the time of the marriage, was and still is impotent;

(2) When either party shall be convicted of a felony or other infamous crime;

(3) When either party shall be addicted to habitual drunkenness for one (1) year;

(4) When either party shall be guilty of such cruel and barbarous treatment as to endanger the life of the other; or

(5) When either party shall offer such indignities to the person of the other as shall render his or her condition intolerable;

(6) When either party shall have committed adultery subsequent to the marriage;

(7) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation;

(8) When husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them; and

(9) When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.

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