Abandonment in Arkansas Divorce: What You Need to Know

Abandonment, sometimes referred to as desertion, can be particularly complex in divorce cases. In simple terms, abandonment is the act of leaving someone without the intention of returning, withdrawing support, protection, or help. In the context of marriage, abandonment occurs when one spouse leaves the marital home or family without any plans to return.

There are various forms of abandonment, including financial, criminal, constructive, or emotional abandonment, each of which can affect how a court in Arkansas handles the situation during divorce proceedings.

Is Abandonment a Ground for Divorce in Arkansas?

Yes, abandonment is a recognized fault-based ground for divorce in Arkansas. According to Arkansas law, if one spouse has willfully deserted the other for at least one year, the abandoned spouse can file for divorce on these grounds. However, it’s important to remember that Arkansas also allows no-fault divorce, meaning that abandonment does not have to be proven for a divorce to be granted.

Since different forms of abandonment exist, the type you experience may influence the outcome of your divorce case.

Types of Abandonment in Arkansas

Financial Abandonment

Financial abandonment occurs when one spouse ceases to provide financial support without justification. In Arkansas, this could involve a spouse cutting off access to shared bank accounts, refusing to pay bills, or abandoning their financial responsibilities. If you are the abandoned spouse, the court may consider this when dividing marital assets or determining spousal support.

Criminal Abandonment

Criminal abandonment refers to situations where a spouse abandons a child or a dependent spouse. For example, if a parent leaves the family home and fails to provide for their child’s basic needs, they may face criminal consequences in Arkansas. Similarly, if one spouse abandons a sick or dependent spouse without providing necessary support, the court could require the abandoning spouse to continue offering financial assistance after the divorce.

Constructive Abandonment

In Arkansas, constructive abandonment occurs when one spouse’s behavior makes it impossible for the other to stay in the marriage. This could include physical or emotional abuse, infidelity, or withholding financial support. Although the spouse accused of abandonment may not have physically left the home, their actions could lead the court to treat the situation as abandonment.

Marital/Emotional Abandonment

Emotional abandonment refers to the neglect of marital duties, such as emotional support or intimacy. In Arkansas, this could be a valid reason for divorce if a spouse is emotionally distant, fails to communicate, or withholds intimacy. While emotional abandonment is more subjective, Arkansas courts may consider it a breach of marital duties.

What to Do if You Live in Arkansas and Your Spouse Abandons

If your spouse has abandoned you and you wish to file for divorce in Arkansas, it’s crucial to document instances of abandonment. For example, in cases of financial abandonment, keep a record of when you lost access to shared finances and any attempts to communicate with your spouse about the situation.

In Arkansas divorce proceedings, you may request spousal support (alimony) if you are financially dependent on your spouse. If you have minor children, you can also request child support and physical custody. Arkansas courts prioritize the best interests of the child, and abandonment by one parent can significantly impact custody decisions.

How Long Must a Spouse Be Absent to Prove Abandonment in Arkansas?

To prove abandonment in Arkansas, your spouse must have willfully deserted you for at least one year without just cause. This one-year period must be continuous, and your spouse must have left without your agreement or intention to return.

It’s essential to distinguish abandonment from separation, which can occur when both spouses agree to live apart or take a break from the marriage. In contrast, abandonment involves one spouse leaving the marriage without the other’s consent.

The Impact of Claiming Abandonment in a Divorce Proceeding

Filing for divorce on the grounds of abandonment can offer certain advantages in Arkansas, particularly in fault-based divorce cases. If you can prove that your spouse has abandoned you by leaving the marital home for more than one year, the court may consider this when deciding on property division and child custody.

While Arkansas follows an equitable distribution model for dividing marital property, if you’ve remained in the marital home and continued to maintain it financially, the court may consider this when deciding how to divide the property. However, this does not guarantee that you will be awarded the home.

In cases involving children, if your spouse has also abandoned them, this could create a "de facto" custody situation. Since you have been the sole caregiver, the court may be more likely to award you legal and physical custody, as Arkansas courts focus on the best interests of the child.

What to Do if Your Spouse Accuses You of Abandonment

If your spouse accuses you of abandonment in Arkansas, there are specific legal thresholds they must meet to prove abandonment. First, they must demonstrate that you left without a valid reason. For instance, if you left due to physical or emotional abuse, your spouse would likely be unable to prove abandonment.

Additionally, your spouse must show that the abandonment lasted for the required one-year period. You have the right to refute these claims in court, presenting evidence that explains your departure and challenging the timeline or circumstances your spouse presents.

Do You Need a Divorce Lawyer in Arkansas?

Deciding whether to file for divorce on grounds of abandonment can be difficult during an already emotional time. Consulting with a divorce lawyer experienced in Arkansas family law can help you navigate the legal complexities and ensure your rights are protected.

However, hiring a lawyer isn’t your only option. Arkansas offers several self-help resources, including legal aid organizations and online services, to help guide you through the divorce process if hiring a lawyer isn’t feasible. You can also find online legal advice and tools at Your Law Coach.

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References

Arkansas Code Annotated § 9-12-301 (2024). Retrieved from Arkansas Legislature Website.

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