Arkansas family law allows divorce based on fault grounds as well as no-fault grounds. For spouses who do not want to wait through the mandatory 18-month continuous separation period required for a no-fault filing, establishing a fault-based ground provides an alternative path. Among the available fault grounds, general indignities is one of the most frequently cited in Arkansas circuit courts.
What constitutes general indignities under Arkansas law?
Under Arkansas law, a court may grant a divorce if one spouse offers such indignities to the other as to render their condition intolerable. Unlike a single act of physical abuse or adultery, general indignities refers to a persistent course of conduct over time. Arkansas case law has recognized the following as examples:
- Rudeness and constant contempt: manifestations of settled hostility, alienation, or systematic disrespect toward a spouse
- Emotional cruelty and verbal abuse: repeated verbal attacks, public humiliation, or deliberate efforts to undermine a spouse’s self-esteem
- Habitual neglect: conscious indifference to the spouse’s well-being and emotional needs
- Unfounded accusations: repeated false accusations of marital infidelity made publicly or privately without basis
A single argument or occasional disagreement does not meet this threshold. The conduct must represent a habitual pattern that makes continuing the marriage genuinely unbearable.
The corroboration requirement
Filing for divorce based on general indignities requires more than one spouse’s testimony alone. Under Arkansas evidentiary standards, the plaintiff’s account must be supported by independent corroborating evidence. Acceptable corroboration may include statements from friends, family members, or coworkers who personally witnessed the conduct, documentary evidence such as text messages or emails demonstrating a pattern of abuse, or observations from counselors or therapists familiar with the marital dynamic.
Without sufficient corroboration, an Arkansas circuit court cannot grant the divorce even if the defendant does not appear to contest the allegations.
Strategic considerations
Choosing a fault-based ground involves practical trade-offs. A general indignities filing does not require the 18-month separation period, but the plaintiff must have been a resident of Arkansas for at least 60 days before filing. Arkansas follows an equitable distribution model for marital property, and proof of fault can sometimes influence judicial decisions regarding spousal support or the overall allocation of assets.
Getting the documentation right
Fault-based divorce cases require carefully gathered, admissible evidence and close attention to procedural rules. If you are considering filing based on general indignities, a divorce attorney in Arkansas can help you assess whether your evidence meets the corroboration standard and guide you through the process.
