Divorce from bed and board statute in Arkansas

Under Arkansas law, a "divorce from bed and board" is a limited form of divorce—sometimes called a legal separation—recognized under Ark. Code Ann. § 9-12-301(b) (2024). It permits the circuit court to dissolve the marital relationship from bed and board, meaning the spouses remain legally married but are judicially separated and may live apart.

Statutory Framework

The governing provision, Ark. Code Ann. § 9-12-301(b) (2024), grants circuit courts the power to dissolve a marriage contract—either from bed and board (a limited divorce) or from the bonds of matrimony (an absolute divorce)—on several enumerated grounds, including adultery, habitual drunkenness for one year, cruel and barbarous treatment, indignities rendering cohabitation intolerable, conviction of a felony, or separation for a statutorily defined period.[1]

A decree of divorce from bed and board does not terminate the marriage; it simply suspends certain marital duties (like cohabitation) while leaving others (such as inheritance rights, unless otherwise adjudged) intact. This form of limited divorce allows support, property distribution, and custody issues to be adjudicated while maintaining the marital status.[1][4]

Jurisdiction and Venue

Jurisdiction and venue for such actions are governed by Ark. Code Ann. § 9-12-303, which provides that actions for divorce, divorce from bed and board, or separate maintenance must be filed in the county where the complainant or the defendant resides, depending on the parties’ residence status.[3]

Property Implications

Under Ark. Code Ann. § 9-12-315(b)(3) (2024), property acquired after a decree of divorce from bed and board is excluded from marital property subject to division upon a later absolute divorce.[4] This reflects the legal effect of the decree as creating distinct financial identities for the spouses moving forward, even though they remain legally married.

Case Illustration

Arkansas courts have consistently acknowledged this dual power to grant either absolute divorce or divorce from bed and board under the statutory scheme. In Martin v. Martin, 224 Ark. 779, 276 S.W.2d 776 (1955), the Supreme Court cited the same statutory predecessor (§ 34-1202, Ark. Stat. 1947) confirming the court’s authority to "grant an absolute decree of divorce" or a limited one depending on the grounds proven.[2]

Conclusion

A divorce from bed and board under Arkansas law is a judicial separation that allows the circuit court to determine property rights, custody, and support issues without dissolving the marriage bond. It is authorized and governed primarily by Ark. Code Ann. § 9-12-301 and related provisions addressing property division and venue.