Choosing grounds is more about strategy than drama. No-fault is usually simpler and faster because you don’t have to prove misconduct. Fault grounds can be appropriate when proof is strong and relevant issues are at stake.
Arkansas allows divorce based on a period of living separate and apart without cohabitation. If you have already been separated long enough, this option avoids proving fault and can streamline the case.
Common examples include adultery, cruel treatment, habitual drunkenness, or certain criminal convictions. Fault requires evidence—documents, testimony, or both—and typically adds time and cost. Some judges may consider marital misconduct when deciding alimony or property division, depending on the facts.
Hello Divorce can prepare all your Arkansas divorce forms for you with our divorce plans, whichever grounds you choose.
Which grounds should I pick?
If you qualify for no-fault, it’s usually the most efficient path. If your case involves serious misconduct and you have strong proof, discuss whether a fault filing makes sense.
Will fault change custody or money?
It can. Courts focus on the child’s best interests and financial fairness. Evidence of serious misconduct sometimes affects outcomes.
Can we switch grounds later?
Yes in many cases, especially early on. Talk to a lawyer before changing course so you don’t lose momentum.