2017 Arkansas Code
Title 9 - Family Law
Subtitle 2 - Domestic Relations
Chapter 11 - Marriage
Subchapter 8 - Covenant Marriage Act
§ 9-11-808. Divorce or separation

Universal Citation: AR Code § 9-11-808 (2017)
  • (a) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following:
    • (1) The other spouse has committed adultery;
    • (2) The other spouse has committed a felony or other infamous crime;
    • (3) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses;
    • (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or
    • (5)
      • (A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed.
      • (B)
        • (i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed.
        • (ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.
  • (b) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of judicial separation only upon proof of any of the following:
    • (1) The other spouse has committed adultery;
    • (2) The other spouse has committed a felony and has been sentenced to death or imprisonment;
    • (3) The other spouse has physically or sexually abused the spouse seeking the legal separation or divorce or a child of one (1) of the spouses;
    • (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or
    • (5) The other spouse shall:
      • (A) Be addicted to habitual drunkenness for one (1) year;
      • (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or
      • (C) Offer such indignities to the person of the other as shall render his or her condition intolerable.
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