Family Law

How Long Must I Live in Arkansas in Order to Get a Divorce in Arkansas?

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Is the following language clear to you?

“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.” A.C.A. 9-12-307

The following case focuses on the last part of the above statute - the part that mentions the 3 months requirement. Does it appear that the plaintiff must live in Arkansas for the 3 months immediately preceding entry of the divorce decree? Or can the plaintiff satisfy the 3 months requirement by living in Arkansas at any time prior to the decree being entered?

The Arkansas Court of Appeals clarifies this issue in the following case….http://courts.arkansas.gov/opinions/2008a/20080604/ca07-1112.pdf

(If you don’t have time to read it, the answer is that the plaintiff only needs to live in Arkansas for 3 months at some point before the decree is entered - NOT the 3 months immediately preceding entry of the decree.)

***IF YOU ARE UNSURE OF YOUR RESIDENCY STATUS FOR PURPOSES OF A DIVORCE, TALK TO AN ATTORNEY. RESIDENCY ISSUES ARE ENOUGH TO INVALIDATE YOUR DIVORCE SO TAKE THEM SERIOUSLY!!!***

Full post as published by Kevin Hickey Law Blog on June 12, 2008 (boomark / email).