Divorce Guide

Arkansas No Fault Divorce

According to Arkansas no-fault divorce laws, Arkansas Code- title 9-chapters: 12-301 and 12-303), divorce can be granted on the basis of “no-faults” to the partners who meet the residential requirements of the state.

Residential requirements for AR no-fault divorce

At least one of the spouses must be residing in the state of Arkansas for the last 60 days before filing for divorce. The “waiting period” in the state of Arkansas is 60 days during which the other spouse can appeal in the court of law regarding the matter of divorce. The venue of filing no-fault divorce in Arkansas is the Circuit Court.

AR No-fault grounds for divorce

On the following grounds can spouses get no-fault divorce:

When the spouses have lived separately for the last 18 months and have not cohabited at all in this period and that this separation has been voluntarily chosen.
Both the spouses are mutually willing to get the divorce owing to reasons of “incompatibility” in marriage or “irreconcilable differences” and suggest that their marriage has “irretrievably broken down”. The courts also realize in such cases that any attempt to make the marriage work would not be in the best interests of the parties.
There is no blame-game in these grounds of divorce and there is also no attempt to malign the character of the spouse. Such divorces can be unilaterally filed, meaning one spouse tries to divorce the other and thus, files for the divorce.

The below mentioned factors can not be chosen as “no-fault grounds”:

Adultery
Emotional/physical cruelty
Domestic violence/physical abuse/child abuse

These grounds fall under the “fault grounds for divorce”.

Property division in AR no-fault divorce

In the state of Arkansas, fault grounds are considered important enough to decide on division of property where the spouse who is more at fault has to partake with a larger share of property. This is not so in no-fault cases. In the state of Arkansas, property division is on the basis of “equitable distribution” and a fair share of property acquired after the marriage is given to the spouses after divorce. However, in some no-fault divorce cases, judges may award “less” marital property to the partner who is living with a “new partner” and the other spouse gets more of the property here.

Choosing no-fault/fault grounds for divorce

Some people choose fault-grounds over no-fault grounds depending on the edge they wish to have on matters related to child custody, property division etc. Also, no-fault divorce cases take longer than fault ground cases. In the cases of “no-fault grounds”, the best interests of the child are considered most important while determining child custody. Here, both the spouses have equal chances of getting the custody of the child. But in fault-grounds, with domestic violence or child abuse is factors, and then judges would reconsider who should get the custody of the child. Many choose “no-fault” grounds simply because there has been no wrong-doing, there are no major issues regarding child custody, property division etc. Also

One must consult an attorney or be well aware of the laws regarding grounds of divorce. Which grounds to choose? This question can be well answered by your attorney

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