At-Fault Divorce in Arkansas

Divorce laws in Arkansas allow for both at-fault and no-fault divorces, and understanding the differences between them is essential for anyone considering ending their marriage. Your choice between these two legal options can significantly impact property division, alimony, child custody, and the overall divorce process.

At-fault divorce requires proving that one spouse's actions led to the breakdown of the marriage, while no-fault divorce allows for separation without assigning blame. This guide focuses on at-fault divorce, detailing the grounds, legal requirements, and potential benefits and drawbacks.

What Is an At-Fault Divorce in Arkansas?

An at-fault divorce requires the filing spouse to provide a legally recognized reason for ending the marriage. Arkansas law defines several fault-based grounds for divorce, each requiring evidence to support the claim.

At-fault divorces can impact the division of assets, alimony awards, and child custody rulings. However, they also tend to be more contentious and require proof of wrongdoing, making them more complex than no-fault divorces.

Grounds for At-Fault Divorce in Arkansas

The Arkansas Code § 9-12-301 outlines the following fault-based grounds for divorce:

• Adultery – If a spouse engages in extramarital affairs.
• Cruel and Barbarous Treatment – Physical abuse, emotional abuse, or any conduct that endangers the other spouse.
• Habitual Drunkenness – A pattern of excessive alcohol or drug abuse for at least one year.
• Abandonment – If a spouse leaves the other for at least one year without justifiable cause.
• Impotence – If one spouse is physically unable to consummate the marriage.
• Felony Conviction – If a spouse is convicted of a felony during the marriage.
• General Indignities – A pattern of mistreatment, humiliation, or disrespect that makes living together unbearable.
• Three Consecutive Years of Incurable Insanity – If one spouse has been institutionalized or incapacitated for at least three years with no chance of recovery.
• Willful Failure to Provide Support – If one spouse refuses to financially support the other despite a legal obligation.

To file under these grounds, the accusing spouse must present evidence such as witness testimony, medical records, financial statements, or communication records.

At-Fault vs. No-Fault Divorce in Arkansas

What Is a No-Fault Divorce?

Arkansas also allows for no-fault divorce, which does not require proving wrongdoing. The primary requirement is:

• 18-month separation period – The spouses must have lived separately for at least 18 consecutive months before the court will grant a divorce.

No-fault divorce is less adversarial, as neither spouse needs to prove fault. However, the mandatory separation period can be a drawback for couples seeking a faster resolution.

Deciding Between At-Fault and No-Fault Divorce

Advantages of At-Fault Divorce

• No waiting period – Unlike a no-fault divorce, an at-fault divorce does not require an 18-month separation.
• Can impact property division and alimony – If misconduct significantly harmed the other spouse, courts may adjust financial settlements accordingly.
• Provides a sense of justice – Some spouses prefer to hold the other accountable for misconduct.

Disadvantages of At-Fault Divorce

• Requires proof – The filing spouse must present convincing evidence, which can be challenging.
• More expensive – The legal process often involves attorneys, investigations, and extended court proceedings.
• More contentious – At-fault divorces can create hostility, which may complicate child custody and financial negotiations.

How Arkansas Compares to Other States

Each state has different grounds for divorce and requirements for proving fault.

• In Arkansas, proving fault can affect property division and alimony, while in community property states like Texas and California, assets are split 50/50 regardless of fault.
• Some states, like New York, recognize “constructive abandonment” (refusing sex) as a fault ground, while Arkansas generally includes it under general indignities.
• Arkansas' general indignities clause is broader than many states’ fault grounds, allowing for more flexibility in citing mistreatment.

Understanding these distinctions can help determine the best legal strategy for your case.

Special Considerations in At-Fault Divorce Cases

Is Withholding Sex Grounds for Divorce in Arkansas?

Withholding sex is not explicitly listed as a ground for divorce in Arkansas. However, it could fall under:

• General Indignities – If the refusal causes humiliation or emotional distress.
• Impotence – If one spouse is unable to engage in marital relations.

Courts generally require proof that the lack of intimacy significantly impacted the marriage before granting an at-fault divorce on these grounds.

Can You Divorce a Spouse With a Mental Illness?

Yes, mental illness can be a legal ground for divorce in Arkansas if the spouse has been:

• Institutionalized or incapacitated for at least three consecutive years.
• Diagnosed with a permanent condition that prevents normal marital relations.

Filing for divorce under these grounds typically requires medical records and expert testimony.

Religious or Biblical Grounds for Divorce

While Arkansas law governs civil divorce, some individuals consider religious beliefs when ending a marriage. Christian and Catholic teachings often reference:

• Adultery as grounds for divorce (Matthew 19:8-9).
• Abandonment by an unbeliever (1 Corinthians 7:15).

Those with strong religious convictions may also seek annulments in addition to legal divorce.

Pros and Cons of Filing an At-Fault Divorce in Arkansas

Pros

• Can lead to a more favorable financial settlement if fault is proven.
• Eliminates the 18-month waiting period required for no-fault divorces.
• Allows the wronged spouse to hold the other accountable for misconduct.

Cons

• Requires convincing evidence, which can be difficult and invasive to obtain.
• Can be emotionally and financially draining, especially if the other spouse contests the claims.
• No guarantee that proving fault will result in a significantly better outcome.

For many couples, the decision to file for at-fault divorce depends on whether proving fault will provide a tangible legal or financial benefit.

Do You Need an At-Fault Divorce Lawyer?

If you are considering an at-fault divorce, legal representation is highly recommended to:

• Determine the best legal strategy based on your circumstances.
• Gather necessary evidence to support your claim.
• Defend against false accusations in a contested divorce.
• Navigate Arkansas’ complex divorce laws regarding property, custody, and support.

Legal Assistance Options in Arkansas

1. Traditional Family Law Attorneys – Ideal for contested divorces requiring courtroom representation.
2. Legal Aid of Arkansas – Provides support for individuals who cannot afford private legal counsel.
3. Online Legal Services – Platforms like Your Law Coach offer affordable guidance for simple divorce cases.

Conclusion

Arkansas allows for both at-fault and no-fault divorce, and choosing the right option depends on your personal and legal circumstances.

• At-fault divorce may lead to faster resolutions and better financial settlements, but it requires strong evidence and can be more adversarial.
• No-fault divorce avoids legal disputes but requires an 18-month separation period.

Consulting with a divorce attorney can help ensure you choose the best legal strategy for your situation.

Resources

1. Arkansas Code § 9-12-301 – Divorce and Family Law
2. Arkansas Legal Services – Divorce and Family Law Assistance
3. Arkansas Judiciary – Family Law and Mediation Resources

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