Arkansas is a fault state for divorce. This means you will have to show that your spouse did something to you in order to get a divorce. The only way to get a divorce from your spouse without showing fault is to live separate and apart from your spouse for at least 18 continuous months.
Is adultery against the law in Arkansas?
Adultery as a grounds
Adultery is the act of cheating on a spouse during any point in the marriage. It is a physical act, not an emotional one under Arkansas law. When citing it as a reason for the divorce, the party alleging the misconduct may ask the court to favor him or her during various stages of the process.
Is Arkansas A 50/50 State for divorce?
Arkansas is an “equitable distribution” state when it comes to property division in the dissolution of a marriage. … Arkansas law presumes that a couple’s marital property will be split between them 50-50, but several factors may lead a judge to change to unequal distribution.
What are the acceptable grounds for fault based divorce in Arkansas?
- Impotence – Your spouse was impotent at the time of the marriage and continues to be impotent;
- Felony conviction – Your spouse is convicted of a felony or other “infamous crime;”
- Drunkenness – Your spouse has a habit of getting drunk continually during a one-year period or a longer period of time;
Is irreconcilable differences grounds for divorce in Arkansas?
Arkansas does not recognize “irreconcilable differences” as grounds for divorce. However, couples can get a divorce based on the grounds of “separation” if they live separately and apart from each other for at least 18 continuous months. This means you can still get a divorce without having to prove fault.
Can you date while going through a divorce in Arkansas?
Once the court finalizes your divorce, you or your spouse can remarry or start dating. Because Arkansas is a fault state for divorce, dating before the divorce is finalized can give the other side grounds for divorce.
How long do you have to be married to get half of everything in Arkansas?
Spouses must also have been married for 10 years during which time the benefits were being accumulated. The payout to the non-covered spouse may not begin until the covered spouse begins receiving benefits or reaches age 65, whichever comes first.
Who has to leave the house in a divorce?
You can only compel your spouse to leave if the home is considered separate property or if you can prove abuse or domestic violence occurred and can obtain a restraining order. If your spouse will not leave and you are uncomfortable continuing to live in the house, then you can choose to leave the home.
How does divorce work in Arkansas?
To file for divorce in Arkansas, you or your spouse must have been a resident of Arkansas for at least 60 days before filing for the divorce and 3 full months before the final judgment granting the divorce. No divorce will be granted until at least 30 days have passed from filing for the divorce.
How long can one spouse drag out divorce?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
How do I get a no-fault divorce in Arkansas?
How to File for an Uncontested Divorce in Arkansas
- Prepare and file your divorce papers. To start the process for an uncontested divorce in Arkansas, you should file a “Complaint for Divorce” in the circuit court clerk’s office of the county where you live. …
- Serve your spouse. …
- Attend a divorce hearing.
Can you get divorced for any reason?
Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction. There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.
What are the steps for a no-fault divorce in Arkansas?
For a no-fault divorce in Arkansas you need to state in the Complaint that “the parties have been voluntarily living separate without cohabitation for 18 continuous months.” You will need to offer either an affidavit of a witness (in an uncontested case), or the testimony of a witness (in a contested case), who can …
What is abandonment in a marriage in Arkansas?
In all cases in which any husband abandons his wife, or any wife abandons her husband, and resides outside of the state for five successive years without being known to the other spouse to be living during that time, the abandoning party’s death shall be presumed.
Is Arkansas an alimony state?
In the state of Arkansas, a divorced spouse, or spouse in the process of filing a divorce, may file for an alimony order for the individual to maintain the standard of living maintained during the marriage. … Alimony is awarded at the final judgment of the judge and court deciding the case.
Can you get a divorce without the other person signing?
Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.