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Is the divorce process easier if you are already living apart?

If each person in a marriage has a different path in life, they might start to live separately before divorce is even on the table. When a couple begins the divorce process, living apart can simplify some aspects of the proceedings. 

There is certainly no requirement to live apart before filing for divorce, but doing so can make certain steps more straightforward.

What are the benefits of living separately during a divorce?

Living apart often reduces immediate conflicts that arise from sharing a household during a separation. Couples who already have separate residences may find it easier to establish boundaries. This physical distance can help both sides focus on the legal and practical aspects of the divorce, such as dividing property or arranging child custody.

Can living apart be grounds for a divorce?

Arkansas law requires couples to state specific grounds for divorce. The most common ground is “general indignities,” which refers to consistent mistreatment or actions that make the marriage intolerable. 

Living apart does not serve as a formal ground for divorce in Arkansas unless it meets specific criteria, such as the couple voluntarily separating for at least 18 months without reconciliation. This ground may apply if both parties agree to the separation and can provide evidence of it.

Does living apart help with court decisions?

When couples live apart, it can make dividing marital property easier to achieve. Many people choose to divide bank accounts or other possessions if they decide to live separately. If the couple has already taken steps to split assets, this can streamline negotiations during the divorce process. However, Arkansas is an equitable distribution state, which means that courts will ultimately divide marital property in a way that they deem to be fair.

Living apart may also help with child custody arrangements. If parents have already established separate living environments, they may have a clearer idea of what works best for their children. Arkansas courts prioritize the child’s best interests when deciding custody, and demonstrating stable living situations can support these decisions.

While living apart before a divorce can simplify some aspects, it does not remove all challenges. Disagreements over financial support or custody terms may still arise. However, for many couples, living separately provides the emotional and practical space needed to approach divorce with greater clarity and less conflict.