When the couple has lived separate and apart for 18 months, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one party or by the mutual consent of both parties or due to the fault of either party or both parties.
How does adultery affect divorce in Arkansas?
In a fault-based divorce, a spouse claims that the other engaged in marital misconduct which caused the 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 Arkansas A 50/50 divorce state?
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.
How long do you have to be separated in Arkansas to get a divorce?
To file for a divorce in Arkansas you must have lived in Arkansas for 60 days before filing and have grounds for divorce. The the most commonly used grounds for divorce are “general indignities” and “separation for 18 months.” The grounds must have happened within the last five years.
Can you date while separated 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.
Can you refuse divorce in Arkansas?
In either situation, you’ll have the chance to deny your spouse’s claims and make your own requests as part of the divorce. … You can seek a fault or no-fault divorce in Arkansas. In a no-fault divorce petition you can state that you and your spouse don’t get along without giving a specific reason for the divorce.
Is Sexting considered adultery in Arkansas?
Spilbor says, “Sexting, while not technically adultery, is cheating. … So, it would appear that adultery requires a physical relationship and not merely flirting, texting or sexting. While these behaviors may constitute cheating or infidelity, they do not appear to qualify as adultery in the legal sense of the term.
Why moving out is the biggest mistake in a divorce?
In determining custody, courts in the United States use a variation of the “best interests of the child” analysis. … In general, children remain in the marital home during the divorce process. So by deciding to leave, (moving out affect divorce) you are choosing to limit contact and time spent with your children.
Do I get half my husband’s pension if we divorce?
While a pension can be divvied up between spouses during divorce, that division isn’t automatic. … In terms of how much either spouse is entitled to, the general rule is to divide pension benefits earned during the course of the marriage right down the middle.
Is Arkansas an alimony state?
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.
How much does a divorce cost in Arkansas?
Divorce Filing Fees and Typical Attorney Fees by State
|State||Average Filing Fees||Other Divorce Costs and Attorney Fees|
|Arkansas||$165||Average fees: $8,000+|
|California||$435 (Ask for a fee waiver)||Average fees: $14,000|
|Colorado||$230||Average fees: $11,000+|
|Connecticut||$360 (excluding paternity legal action)||Average fees: $12,000+|
Do both parties have to sign divorce papers in Arkansas?
In short, your spouse is stating that we do not need to hire a process server to find and legally serve them with the Divorce Complaint and Summons. Signing Party – Once all the provisions of the divorce have been agreed upon and outlined in the documents mentioned above, both parties sign them.
Is irreconcilable differences grounds for divorce in Arkansas?
In Arkansas, however, “irreconcilable differences” is not a recognized ground for divorce, so your choices are more limited. The Arkansas statute considers the following acceptable grounds for divorce: The husband or wife is impotent (cannot produce children). Either party has been convicted of a felony.
Can you get a divorce in Arkansas without a lawyer?
Requirements for an Uncontested Divorce in Arkansas. To file for an uncontested divorce in Arkansas, at least one spouse must have lived in the state for at least 60 days. (Ark. … Arkansas allows no-fault divorce based on the grounds that the spouses have been living separately for 18 months voluntarily.
Who is the best divorce lawyer in Arkansas?
Arkansas County, AR: Divorce Lawyers, Attorneys and Law Firms
- Taylor & Taylor Law Firm P.A. …
- The Applegate Firm, PLLC. …
- The Lancaster Law Firm. …
- The Sanders Firm PLLC. …
- Tapp Law Firm. …
- Sprott, Golden & Bardwell. …
- The Graham Law Firm PLLC. Divorce Lawyers Serving Arkansas County, AR (Paragould) …
- John W. Yeargan, Jr.
What are the acceptable grounds for fault based divorce in Arkansas?
In Arkansas, the grounds for a divorce for fault include the following:
- Conviction of a felony;
- Habitual drunkenness for one (1) year;
- Endangerment of life with cruel and barbarous treatment;
- General indignities;
- Three (3) consecutive years of incurable insanity; and.