Arkansas: Divorce mill state?

I receive more questions from constituents on our divorce, child custody, and child support statutes than just about any other subject -- some want the law changed, and some are simply looking for a little advice on procuring a Pro Se divorce. Few bills target the divorce and annulment statutes, and outside of the dissolution of a covenant marriage, that chapter of the Arkansas Code hasn't been revised since the 1991 session.

I received a link to a blog this morning that questions the Legislature and chastises Arkansas for competing against Nevada for being the easiest place in America to obtain a divorce (the blog is incorrect in the change in Arkansas divorce law). As far as the state with the highest divorce rate, Arkansas has been a close second to Nevada. As far as time restraints to obtain a divorce, the blog is right. You can move into Arkansas and file after living here 60 days. After a short 30 day waiting period, the divorce can be procured (notwithstanding jurisdictional issues regarding property division and child custody matters). Incidentally, I've been told that the residence requirement was modified in Arkansas during the depression to help lawyers.

In comparison, you must live in Texas for six months (90 days in the county of filing), and the Petition (Complaint) must be on file for 60 days prior to obtaining the divorce. Outside of a couple of exceptions, proof must be made in Louisiana of residence in the state of 12 months and living separate and apart continuously for 180 days. I've heard of petitioners here in Miller County Circuit Court try and offer up an Arkansas Post Office Box to get a divorce when, after questioning, it comes out that the person actually lives in Shreveport or somewhere. Back in the day, Texarkana law firms would routinely have folks drive in from Shreveport wanting an Arkansas divorce. Judge Sanderson wised up to these people and began requiring proof of an apartment or other residence and voter registration.

The 18-month requirement was changed from a three-year requirement during the Clinton governorship, when there was a movement to do away with the separation requirement altogether. Clinton resisted on the theory that a 18-month separation requirement without grounds gives leverage to women whose husbands are itching for a trade-in (or vice-versa, I guess).

Outside of the residence requirement, I think Arkansas is pretty tough as far as proving grounds required for a divorce. You can still obtain a "no fault" divorce in Arkansas, but only after proving 18 months of continuous separation. Otherwise, grounds must be proven (and corroborated, in a contested divorce) here. Texas allows for a no-fault divorce by simply proving "insupportability," and Louisiana allows for a no fault divorce after the six month waiting period. Residence must also be established in Arkansas by a corroborating witness, which many attorneys find to be unnecessary and overburdensome. Still, it's not the procedure that's worrisome.