Deciding to end a marriage is never easy. For families or couples in Arkansas considering divorce, understanding the legal grounds for separation is an essential first step. This blog will break down the recognized grounds for divorce in Arkansas, explain both fault and no-fault options, and help you prepare for what lies ahead.
No-Fault Divorce in Arkansas
Arkansas allows couples to file for a no-fault divorce, which means neither spouse needs to prove wrongdoing by the other. Instead, the primary reason cited is "separation due to irreconcilable differences."
However, to pursue a no-fault divorce in Arkansas, the couple must meet a key requirement:
- Living separate and apart for 18 continuous months. During this period, there can be no reconciliation or cohabitation. This makes it clear to the court that both parties agree their differences cannot be resolved.
For couples who have mutually agreed to go their separate ways, a no-fault divorce can often reduce the animosity and streamline the divorce process.
Fault-Based Grounds for Divorce
If a no-fault divorce is not an option, Arkansas provides various fault-based grounds for ending a marriage. Below are the recognized reasons that one spouse may cite when filing for divorce:
1. Adultery
Adultery occurs when one spouse is unfaithful to the other. Bringing a claim of adultery requires proof of the affair, which may include witness statements, pictures, emails, or other forms of evidence. Courts in Arkansas take this accusation seriously and will need sufficient documentation.
2. Cruel or Barbarous Treatment
If one spouse has caused physical or emotional harm to the other, this can be grounds for divorce. Importantly, cruel treatment must make it unsafe or intolerable for the harmed spouse to continue living with the abuser.
3. Habitual Drunkenness
A pattern of alcohol or drug abuse that negatively impacts the marriage, finances, or family well-being may qualify as "habitual drunkenness." This reason must show that the behavior is ongoing and not a one-time incident.
4. Impotence
If one spouse is physically unable to consummate the marriage, and this condition existed at the beginning of the marriage without the other spouse's knowledge, this could be grounds for divorce.
5. General Indignities
This is a broader category for situations where one spouse's behavior consistently demeans, humiliates, or makes life intolerable for the other. This can include actions like constant verbal abuse, isolation, or neglect.
6. Conviction of a Felony
If one spouse is convicted of a felony during the marriage, the other spouse may request a divorce on these grounds.
7. Lack of Support
When one spouse deserts the other or neglects to provide necessary financial support, this can lead to grounds for a divorce claim. Arkansas requires proof that the desertion was voluntary and not due to external factors.
Necessary Residency Requirements
Before filing for divorce in Arkansas, it’s crucial to meet the state’s residency requirements:
- One or both spouses must have lived in the state for at least 60 days prior to filing.
- Additionally, there is a required three-month waiting period before the divorce can be finalized.
Residency ensures that Arkansas courts have jurisdiction to hear your case.
Work With a Family Divorce Lawyer in Northwest Arkansas
Choosing to end a marriage is deeply personal and can feel overwhelming. Whether your divorce is based on mutual agreement or a specific fault ground, having the right guidance can make all the difference. Consulting with an experienced divorce attorney is crucial.
At Martin Attorneys, PA, we’ve helped countless Arkansas families through this challenging time with compassionate legal expertise. We will help you evaluate your options, gather the necessary documentation, and protect your interests throughout the process. If you’re considering divorce and want help understanding your specific circumstances, our team is here to support you every step of the way.
Contact us today at (479) 888-2039 for a consultation. Together, we can help you move forward with confidence and peace of mind.