Divorce is a complicated legal proceeding that’s handled slightly differently in each of the 50 states. That can make it seem pretty overwhelming for people who are preparing to file for divorce– especially when things like alimony and child custody are involved.
Thankfully, with access to the right resources, you can access the information you need to figure out what to expect with your divorce, and how you can prepare in order to make the process as painless as possible.
How does divorce work in Arkansas?
First, if you’re planning to file for divorce in Arkansas, you have to be a resident of the state for a minimum of 60 days before filing.
You’ll have to stick around, as well, because in order for your divorce to be finally granted, you’re required to be an Arkansas resident for a minimum of 3 months.
You’ll also need to state grounds for divorce when filing. There are a number of reasons you can use, depending on your specific situation. A “no-fault” divorce is probably the easiest route to take if things are still relatively cordial with your spouse.
In order for a no-fault divorce to be granted, you just have to live separately for at least 18 months.
Of course, there are plenty of reasons why people seek divorce– many of them quite serious. If you choose to go with a “fault divorce”, the reasons recognized by Arkansas law are as follows:
Impotence – the inability to engage in sexual relations.
Adultery – one spouse has engaged in extramarital sexual relations.
Incurable insanity – means that the “incurably insane” spouse has been committed to a psychiatric facility for at least 3 years prior to divorce proceedings.
Lack of support – when one spouse is able to, and obligated to, provide support for the other but refuses to do so.
Humiliation – when one spouse humiliates or embarrasses the other to an extreme degree.
Felony conviction – if a spouse has been convicted of a felony, or another serious crime.
Drunkenness – means that one spouse has major substance abuse issues that last for at least a year during the marriage.
Cruel and inhuman treatment – used for abusive situations in which one spouse’s life and wellbeing are in danger.
How does alimony work in Arkansas?
Alimony is the legal term for financial support that one spouse provides another after divorce. This is granted in order to prevent financial hardship for either spouse after divorce.
In order to grant alimony, judges consider many different factors– specifically, the financial situation of both parties. They consider things like debts and income in order to make a decision that is as beneficial and fair to everyone as possible.
Why might alimony be refused?
Because alimony is determined by so many different factors, it makes sense to ask: could cheating affect alimony?
The answer isn’t completely straightforward. Essentially, cheating can affect alimony in Arkansas– but only if the adultery caused some financial difficulty that prevents one party from providing for the other, adversely affected their health, or put their job at risk.
Will I be granted alimony?
Each divorce case is different, because every couple that files for divorce comes from different circumstances and has unique needs.
Regardless of the reasons why you are seeking divorce, it’s highly recommended that you obtain legal counsel as soon as possible.
An experienced lawyer can help you walk through the complicated process of filing for divorce in a way that protects your assets and your future wellbeing.