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§ 9-12-301. Grounds for divorce

(a) A plaintiff who seeks to dissolve and set aside a covenant marriage shall state in his or her petition for divorce that he or she is seeking to dissolve a covenant marriage as authorized under the Covenant Marriage Act of 2001, § 9-11-801 et seq. (b) The circuit court shall have power to dissolve […]

§ 9-12-303. Venue — Service of process

(a) The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case the proceedings shall be in the county where the defendant resides and, in any event, the process may be directed […]

§ 9-12-304. Pleadings — Interrogatories

(a) The pleadings are not required to be verified by affidavit. (b) However, either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect.

§ 9-12-305. No judgment pro confesso

The statements of the complaint for a divorce shall not be taken as true because of the defendant’s failure to answer or admission of their truth on the part of the defendant.

§ 9-12-306. Corroboration

(a) In uncontested divorce suits, corroboration of the plaintiff’s grounds for divorce shall not be necessary or required. (b) In contested suits, corroboration of the injured party’s grounds may be expressly waived in writing by the other spouse. (c) (1) This section does not apply to proof as to residence, which must be corroborated, and […]

§ 9-12-307. Matters that must be proved — Definition

(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 […]

§ 9-12-308. Effect of collusion, consent, or equal guilt of parties

If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other offense or injury complained of […]

§ 9-12-309. Maintenance and attorney’s fees — Interest

(a) (1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may: (A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and (B) Enforce the […]

§ 9-12-310. Waiting period before rendition of decree

Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of the complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from bed and board shall be rendered in any […]

§ 9-12-313. Enforcement of separation agreements and decrees of court

Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce and decrees or orders for alimony and maintenance by sequestration of the property of either party, or that of his or her sureties, or by such other lawful ways and […]

§ 9-12-315. Division of property — Definition

(a) At the time a divorce decree is entered: (1) (A) All marital property shall be distributed one-half (½) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the […]

§ 9-12-316. Property settlements

In any divorce suit in which a written property settlement involving real property is entered into by the parties and reference is made to the settlement in the divorce decree, a copy of that portion of the property settlement involving real property shall be filed and recorded with the divorce decree.

§ 9-12-317. Dissolution of estates by the entirety or survivorship

(a) Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwise, and in the division and partition of the property, the […]

§ 9-12-318. Restoration of name

In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name that she bore previous to the marriage dissolved.

§ 9-12-319. Nonresident defendants — Warning orders — Entry of decree

In all divorce actions pending or filed in any of the circuit courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the clerk of the […]

§ 9-12-320. Proceedings subsequent to decree — Change of venue

(a) (1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree. (2) (A) (i) Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county […]