Most states have done away with fault-based divorces. Married couples across the United States can call it quits without establishing any specific reason for wanting to end a marriage. Arkansas is one of the few states that does not currently have a no-fault divorce statute on its books.
Those who want to file for a divorce must have grounds to file for divorce that comply with state requirements. They need evidence of unusual circumstances that could justify the end of the marriage. There are certain situations that warrant divorce under current Arkansas statutes.
When can someone potentially request a divorce in Arkansas family court?
After a long separation
The closest thing to no-fault divorce available in Arkansas is a divorce based on separation. Spouses can agree to live in separate residences. Once they have done so for 18 months, either spouse can file a request to formally end the marriage.
When one spouse has incurable insanity
Another form of separation that could lead to divorce involves inpatient care at a mental health facility. If one spouse spends three years or longer in a facility because of their mental health challenges, that can be grounds for divorce. One spouse can divorce the other because they have incurable insanity, even if they don’t live in a mental health facility.
After criminal incarceration
The third type of separation that may warrant a divorce in Arkansas involves incarceration after conviction for a serious criminal offense. Anyone convicted of a felony or another infamous crime could be at risk of divorce.
After learning about adultery
If either spouse uncovers evidence that the other has conducted an extramarital affair, they can seek a divorce on the basis of that infidelity. An extramarital affair can destroy the trust necessary for a healthy marriage, making it a common reason for people to file for divorce.
After learning about impotence
If one spouse was impotent at the time of marriage and remains unable to produce children, that can be grounds for divorce.
After experiencing abuse or indignities
One spouse can file for divorce if the other displays cruel or barbarous treatment serious enough to endanger the life of their spouse. A spouse can also file for divorce because of indignities that make remaining in the marriage intolerable.
After a year of substance abuse
If one spouse develops or displays an issue with alcoholism, the other spouse can file for divorce after a year of habitual drunkenness.
After a failure to support the family
Spouses generally have a responsibility to help support each other. If one spouse can provide the other with the basic necessities of life or refuses to do so, that could be reason to file for divorce.
Learning more about Arkansas’s unique approach to divorce may benefit those in unhappy marriages. While divorcing in Arkansas can be a bit more of a challenge than divorcing in a no-fault state, spouses still have the option of divorcing if their situation meets certain standards.