Your question: Does Arkansas have no fault divorce?

There is one no-fault ground for divorce in Arkansas: Separation – You and your spouse have lived separately for a continuous period of 18 months or more.

How long does a no-fault divorce take in Arkansas?

Therefore, you will have to wait at minimum of 30 days. Most likely, you will have to go to court but it depends. If you and your spouse agree on all terms of your divorce, then your divorce will be “uncontested.”

Is adultery grounds for divorce in Arkansas?

Arkansas law permits both “no-fault” and “fault-based” grounds (reasons) for divorce. … If your spouse has been unfaithful and you’re seeking a divorce in Arkansas, adultery is one of the grounds upon which you can base a request to legally end your marriage.

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.

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How do I get a no-fault divorce in Arkansas?

How to File for an Uncontested Divorce in Arkansas

  1. 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. …
  2. Serve your spouse. …
  3. Attend a divorce hearing.

Can you get divorced without being separated first?

In some states, a separation is required before you can get a divorce under certain grounds. Often a waiting period of six months or one year during which you live separate and apart is necessary before you can get a divorce. In other states, a legal separation can become the grounds for a 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.

Is cheating illegal in Arkansas?

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.

Who gets the house in a divorce in Arkansas?

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. First, though, the judge will determine what is marital and non-marital property. Non-marital property is kept by whoever brought it into the marriage.

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Does Arkansas recognize alimony?

Arkansas Alimony Law Summary

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 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 divorce laws 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.

Can you annul a divorce in Arkansas?

You can only have a marriage annulled if the marriage was never valid. There are very specific grounds for annulment in Arkansas. A divorce is the termination of a valid marriage. In Arkansas, there must be grounds for a divorce because there is no such thing as a “no fault” divorce.

Do I have to go to court for uncontested divorce?

An uncontested divorce usually takes less time because there is no need for you or your spouse to go to court and argue the case. If you have minor children, finalizing the divorce this way would be ideal.

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How much does a divorce cost in Arkansas?

How Much Does it Cost to File for Divorce in Arkansas? You’ll need to pay a filing fee of approximately $165 when you file a petition for divorce in Arkansas, although fees may vary from county to county. You should check with your local court for the most up-to-date information.

How are assets divided in divorce in Arkansas?

Property Division in Arkansas

The statute essentially requires that all marital property be divided in half (unless such division is inequitable) while non-marital property be returned to the party who owned it before the marriage. A natural source of dispute, then, is what exactly constitutes marital property.