(a) To obtain a divorce, the plaintiff must prove, but need not allege, in addition to a legal cause of divorce:
(1)
(A) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce.
(B) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint.
(C) When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months;
(2) That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and
(3) That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.
(b) “Residence” as used in subsection (a) of this section is defined to mean actual presence, and upon proof of that the party alleging and offering the proof shall be considered domiciled in the state, and this is declared to be the legislative intent and public policy of the State of Arkansas.
Structure Arkansas Code
Subtitle 2 - Domestic Relations
Chapter 12 - Divorce and Annulment
Subchapter 3 - Actions for Divorce or Alimony
§ 9-12-301. Grounds for divorce
§ 9-12-302. Equitable proceedings
§ 9-12-303. Venue — Service of process
§ 9-12-304. Pleadings — Interrogatories
§ 9-12-305. No judgment pro confesso
§ 9-12-307. Matters that must be proved — Definition
§ 9-12-308. Effect of collusion, consent, or equal guilt of parties
§ 9-12-309. Maintenance and attorney's fees — Interest
§ 9-12-310. Waiting period before rendition of decree
§ 9-12-311. Legitimacy of children not affected
§ 9-12-312. Alimony — Child support — Bond — Method of payment — Definition
§ 9-12-313. Enforcement of separation agreements and decrees of court
§ 9-12-314. Modification of allowance for alimony and maintenance — Child support
§ 9-12-315. Division of property — Definition
§ 9-12-316. Property settlements
§ 9-12-317. Dissolution of estates by the entirety or survivorship
§ 9-12-318. Restoration of name
§ 9-12-319. Nonresident defendants — Warning orders — Entry of decree
§ 9-12-320. Proceedings subsequent to decree — Change of venue
§ 9-12-321. Annulment of decree of divorce
§ 9-12-322. Divorcing parents to attend parenting class
§ 9-12-323. Joint credit card accounts