There’s been a movement in recent years by some conservative politicians – particularly in the South – to end “no-fault” divorce. Many of those who support ending it claim it makes getting a divorce too easy.
No-fault divorce, however, is the choice of many Americans (even if one of the potential fault options applies) because it helps keep a couple’s issues private. Many people would prefer not to call out a serious issue in a public divorce filing – particularly if they have children. Having a fault-based divorce also typically requires a spouse to provide evidence, which can make the whole process longer, more combative and more expensive.
Filing for a no-fault divorce generally means citing a ground or fault, but a generally vague and non-accusatory one like “irreconcilable differences.” Here in Arkansas, the no-fault option is “living separate and apart.”
Specifically, the law states that a couple must have been residing “separate and apart from each other for eighteen (18) continuous months without cohabitation…. whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties….” Further, at least one of the spouses must have remained within the state for at least 60 days before the divorce filing.
What are the grounds for a fault-based divorce?
Certain behaviors and issues can, of course, be grounds for a fault-based divorce in Arkansas. These include:
- Adultery
- “Habitual drunkenness” for at least a year
- Felony conviction
- Impotence (from the beginning of the marriage through the present)
- Endangering the other spouse’s life “through cruel and barbarous treatment”
- Committing “indignities to the person of the other as shall render his or her condition intolerable.”
If a spouse has one or more grounds for a fault-based divorce, it’s smart to determine the advantages and disadvantages. It may not result in a better settlement, for example, unless a parent is seeking sole custody of their children.
Each situation is highly unique. Therefore, if divorce appears to be in your future, the best first step is to get sound legal guidance to learn more, prepare and work to protect your rights and interests.