In Arkansas, a fault divorce involves one spouse alleging that the other is responsible for the marital breakdown. Unlike a no-fault divorce, which can occur based on irreconcilable differences without assigning blame, a fault divorce requires a party to establish specific grounds.
Understanding the grounds for a fault divorce is important for anyone navigating the divorce process.
Adultery
A common ground for a fault divorce is adultery. If one spouse can prove that the other engaged in extramarital affairs, it can be grounds for divorce. Adultery refers to voluntary sexual intercourse between a married person and someone who is not his or her spouse.
Impotence
Impotence, or the inability to engage in sexual intercourse, is another ground for a fault divorce. If one spouse is impotent and the condition existed when they married, the other spouse may seek a divorce on these grounds. However, establishing impotence as a reason for divorce requires appropriate documentation and legal proceedings.
Felony conviction
Another ground for a fault divorce is a felony conviction. If one spouse receives a felony conviction and an imprisonment sentence of at least a year, the other spouse may seek a divorce based on this ground.
Cruel treatment
Cruel treatment is also grounds for a fault divorce. This can include physical or emotional abuse, threats or other forms of mistreatment that make it unsafe or intolerable for the parties to continue living together.
While these issues are all potential grounds for a fault divorce in Arkansas, this is not an exhaustive list of all grounds that may fall under this umbrella, and your reason for filing for divorce may be for a different reason.