Ark. Code Ann. § 9-12-308 (2026)
Effect of collusion, consent, or equal guilt of parties
If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other offense or injury complained of in the complaint, then no divorce shall be granted or decreed.
History. Rev. Stat., ch. 51, § 8; C. & M. Dig., § 3507; Pope's Dig., § 4389; A.S.A. 1947, § 34-1209.
Cross References. Condonation abolished, see § 9-12-325.
Case Notes
Collusion.
Where both parties are guilty of collusion and fraud on the court, both parties are precluded from relief of any kind connected with a divorce decree. Oberstein v. Oberstein, 217 Ark. 80, 228 S.W.2d 615 (1950).
Fault of Parties.
No relief will be afforded to either party if the testimony discloses that they are equally in fault. Cate v. Cate, 53 Ark. 484, 14 S.W. 675 (1890); McCollum v. McCollum, 227 Ark. 735, 301 S.W.2d 565 (1957).
The court has discretion in an action wherein both parties ask for absolute divorce to grant a divorce from bed and board to the party least at fault, although neither party is entirely blameless. Crews v. Crews, 68 Ark. 158, 56 S.W. 778 (1900).
Husband was not entitled to divorce for cause alleged in complaint where he was guilty of adultery. Evans v. Evans, 219 Ark. 325, 241 S.W.2d 713 (1951).
Since it appeared to the court that both parties seeking a divorce were guilty of adultery, the decree granting a divorce must be reversed. Moore v. Moore, 230 Ark. 213, 322 S.W.2d 77 (1959).
Cited: In re Thomas, 331 B.R. 798 (Bankr. W.D. Ark. 2005).