In some states, only no-fault divorce is available. In Arkansas, spouses have options. They can file for fault-based divorces in cases involving general indignities, adultery, abuse, habitual drunkenness or felony convictions.
It may also be possible for spouses to pursue no-fault divorces after a period of separation after longer separations. A spouse petitioning for divorce on fault-based grounds needs evidence that their situation warrants divorce proceedings. Those who don’t fall into one of the categories for fault-based divorce or who do not have strong enough evidence to pursue a fault-based divorce can potentially pursue no-fault divorces instead.
When do spouses qualify for a no-fault divorce?
Prior separation is necessary
As is the case in several other states, Arkansas recognizes a divorce sought on the basis of incurable insanity as a no-fault divorce. If one spouse has mental health challenges that result in their protracted institutionalization, the other spouse can seek a no-fault divorce if the circumstances meet the necessary standard.
Without proof of incurable insanity, no-fault divorce filings generally require a lengthy separation of the spouses. They must live apart from one another and avoid physical intimacy for at least 18 months to pursue no-fault divorce. This time period can be established prior to filing or in some cases Complaints for Divorces can be amended to change from a fault divorce to a no fault divorce.
During that time, the spouses may be able to work cooperatively to settle disagreements about property division and reach arrangements for custody of any minor children in the family. No-fault divorces require patience as spouses wait to be eligible, but the actual legal process in court may be much faster than a fault-based divorce.
Separation from a spouse is a necessary step when pursuing a no-fault divorce. Learning more about Arkansas family law statutes can be beneficial for those preparing to file for divorce. Seeking legal guidance is a great way to get started.