Getting divorced can be a very stressful and lengthy process. Particularly in scenarios where spouses disagree about key matters, divorce can easily take more than a year. In fact, some people facing divorce spend multiple years completing the process of ending a marriage.
Some spouses in Arkansas worry that they may not be able to divorce. They know because of personal or religious beliefs that their spouse is likely to oppose the idea of divorce. Can one spouse move forward with a legal divorce when the other prefers to remain married?
Arkansas doesn’t offer a fast no-fault divorce
In many states, either spouse can file for divorce simply by claiming that the marital relationship is beyond saving. They claim an irreparable breakdown of the relationship or irreconcilable differences. Such assertions are essentially impossible to prove or disprove. They can proceed with the divorce regardless of how their spouse responds. People in states with blanket no-fault rules can sometimes divorce in a matter of weeks.
A traditional no-fault divorce typically is not an option in Arkansas. The state generally requires that marital circumstances meet certain standards for divorce to occur. The fault-based grounds for divorce include impotence, a conviction for a felony offense or infamous crime, habitual drunkenness, abuse, adultery and institutionalization for mental health issues.
The closest thing that the state has to a no-fault filing is an 18-month separation. Spouses can agree to separate, or one spouse can move out of their own volition in preparation for a future divorce filing. Initiating a separation by beginning to live separately and ceasing marital intimacy is frequently the best path forward in cases where one spouse desires a divorce but the other opposes divorce.
While there is a lengthy waiting period involved, those who are sincere about their desire to end an unhealthy or unsatisfactory marriage can complete the requirement for an 18-month separation and then move forward with the legal process of divorcing. They only need proof that they ceased cohabitating, not evidence of misconduct.
Individuals who expect spousal pushback when they file for divorce may need help as they prepare for an upcoming divorce filing. Learning more about state law and planning carefully before discussing divorce can help people navigate even the most frustrating family circumstances.