The differences in divorce statutes between states can leave people feeling confused. Rules related to child support and property division are different in every jurisdiction. In fact, each state establishes its own legal justification or grounds for divorce.
Arkansas’s current statutes heavily favor fault-based divorce proceedings. Spouses often need proof of significant misconduct when they want to divorce in Arkansas. Domestic violence, adultery and criminal activity are among the fault-based grounds that might justify a divorce filing in Arkansas.
Others might not want to blame their spouses or may not have experienced particularly serious misconduct during the marriage. The closest thing to a no-fault divorce offered in Arkansas is a divorce on the basis of separation. How long do spouses have to remain separated to file for divorce in Arkansas?
Long-term separation is mandatory
For some couples, a separation could result in them working through their issues and reconciling. Spouses can agree to attend therapy and make other efforts to work on the marriage even while separated. As such, the state tries to give plenty of time for people to work through their issues and understand the implications of moving forward with a divorce.
For most couples, a legal separation has to last at least 18 months for the spouses to qualify for a separation-based divorce. Once they have lived separately for 18 months or longer, either spouse can petition the courts for divorce.
If the spouses entered into a covenant marriage, then the separation generally needs to last at least two years, possibly longer if the spouses share minor children. If there are shared children, then the minimum duration of separation after a covenant marriage is two years and six months.
Spouses typically have to establish separate residences to qualify as separated for the purposes of pursuing a divorce. Records of when one spouse moved out can help establish the initial date of separation.
Those preparing for divorce in Arkansas often have a lengthy process ahead of them. Knowledge about basic requirements can help people streamline the divorce process by making the right moves and maintaining appropriate records. Learning more about the grounds for divorce can help people make the right choices given their circumstances.