How Cheating or Adultery Impacts Your Divorce in Arkansas

What does adultery mean for your divorce, and how does it impact the proceedings in Arkansas? What should you do if you've been cheated on? This article explains the top legal issues to be aware of when dealing with infidelity in an Arkansas divorce.

Divorce in Arkansas, like anywhere else, is a multifaceted legal process influenced by the specific grounds on which it is filed. Adultery, or cheating, is one such ground that can significantly affect the course and outcome of a divorce. This article breaks down the legal ramifications of adultery in Arkansas divorce cases, focusing on how it may impact the division of assets, alimony, and child custody arrangements. Understanding these potential effects can provide crucial insight if you’re navigating a divorce where infidelity has occurred.

What is the Legal Definition of Adultery or Cheating in a Divorce Proceeding in Arkansas?

Adultery in Arkansas is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Arkansas courts recognize adultery as a valid ground for filing a fault-based divorce. This distinction is important because proving fault in a divorce can influence how the court handles certain aspects of the case, such as property division and spousal support.

What Are the Proof Requirements for Adultery?

In Arkansas, when adultery is cited as the reason for divorce, the spouse making the claim (the plaintiff) must provide sufficient proof to satisfy the court. Simply alleging adultery is not enough; concrete evidence must be presented. This can include items such as photographs, emails, text messages, or even witness testimony. The burden of proof lies with the accuser, and the standard is typically "clear and convincing" evidence, meaning it must be highly probable that the adultery occurred.

Is There a Difference Between Cheating and Adultery?

While the terms "cheating" and "adultery" are often used interchangeably, there is a legal distinction in Arkansas. Adultery is a specific legal term referring to extramarital sexual intercourse and has clear implications in divorce proceedings. Cheating, on the other hand, can encompass a broader range of behaviors, such as emotional infidelity, and does not always meet the legal definition of adultery. For the purposes of this article, however, we will use them interchangeably, as most people are more familiar with the broader concept of cheating.

How Does Adultery or Cheating Impact Divorce Proceedings in Arkansas?

Adultery can play a significant role in Arkansas divorce proceedings, influencing various aspects such as asset division and alimony. While Arkansas allows no-fault divorces, filing on the grounds of adultery can affect how the court approaches key decisions, especially if one spouse’s infidelity contributed to the breakdown of the marriage. Understanding how adultery impacts these areas is important when navigating the legal process.

Impact of Adultery on Asset Division

Equitable Distribution in Arkansas

Arkansas follows the legal principle of "equitable distribution" when dividing marital property. This means that, rather than splitting assets equally, courts aim for a division that is fair and just based on various factors, which could include the behavior of each spouse during the marriage. If adultery has occurred, and marital funds or assets were used to support the affair (such as gifts, vacations, or other expenses), the court may take this into account when dividing property. This could lead to the non-adulterous spouse receiving a more favorable portion of the marital assets.

In contrast to "community property" states like California, where assets are split equally, Arkansas courts have the discretion to weigh marital misconduct, such as infidelity, when deciding on a fair division. However, Arkansas law does not mandate that adultery will always lead to unequal asset division, as it depends on the specifics of the case and whether the adultery directly impacted the marital estate.

Consideration of Adultery in Asset Division

Adultery may come into play in Arkansas asset division when it is shown that marital resources were used to further the affair. For example, if a spouse spent joint funds on gifts or trips for a third party, the court could decide to compensate the other spouse by awarding them a larger share of the marital assets. The key factor is whether the affair caused a depletion of marital resources, which could justify a more favorable distribution for the non-adulterous spouse.

Impact of Adultery on Alimony in Arkansas

Arkansas courts consider various factors when determining alimony, including the length of the marriage, the financial circumstances of each party, and the cause of the marriage’s breakdown. Adultery can influence alimony decisions, particularly if it’s determined that the infidelity led to the end of the marriage.

In some cases, adultery could result in the spouse who committed infidelity receiving less favorable alimony terms. However, Arkansas courts typically focus on the financial needs and abilities of both parties rather than solely punishing a spouse for misconduct. If the adultery caused significant emotional or financial harm, it may impact the court’s decision on alimony, but the ruling will depend on the specific circumstances of the case.

Could Adultery Bar a Spouse From Receiving Alimony?

While adultery alone does not automatically bar a spouse from receiving alimony in Arkansas, it can be a factor, particularly if the affair significantly contributed to the marriage’s breakdown. If the spouse seeking alimony was the one who committed adultery and their behavior was a direct cause of the divorce, the court may consider this when determining alimony. However, the primary focus remains on each spouse's financial situation and ability to support themselves after the divorce.

Impact of Adultery or Cheating on Child Custody and Visitation in Arkansas

Best Interests of the Child

In Arkansas, child custody decisions are always made with the best interests of the child in mind. While adultery alone is unlikely to directly affect custody arrangements, the behavior associated with the affair, such as neglect of parental responsibilities or exposing the child to inappropriate environments, can influence the court’s ruling. The key focus in custody cases is ensuring the child’s safety, stability, and well-being.

Consideration of the Adulterous Parent’s Conduct

Arkansas courts may take the conduct of the adulterous parent into account when determining custody and visitation rights, particularly if the affair has led to situations that negatively affect the child. If the child has been exposed to harmful or inappropriate circumstances due to the affair—such as being around unsuitable individuals or experiencing neglect—this could impact the adulterous parent’s ability to obtain custody or visitation. In these cases, the court will consider whether the parent's conduct compromises the child's well-being or ability to thrive in a stable environment.

While adultery by itself isn’t grounds for denying custody, the overall conduct of the adulterous parent and its impact on the child can be critical factors in the court’s decision.

Impact of Adultery or Cheating on Child Support in Arkansas

In Arkansas, adultery does not directly influence the calculation of child support. Like most states, Arkansas uses specific guidelines to determine child support, focusing on the financial needs of the child and each parent’s ability to contribute. The calculation is based on objective factors such as income and custody arrangements, not the moral or ethical considerations surrounding a spouse’s infidelity.

The primary concern in child support decisions is ensuring that the child’s needs are met, regardless of the circumstances that led to the divorce.

Is Adultery a Crime in Arkansas?

Unlike in some other states, adultery is not considered a criminal offense in Arkansas. While certain states still have laws that criminalize adultery, Arkansas does not treat it as a criminal matter. Instead, adultery is dealt with in civil courts, primarily as a factor in divorce proceedings. The focus in Arkansas courts is on the impact of the adultery on the marriage rather than treating it as a criminal act. While adultery can influence divorce-related matters like alimony or property division, it is not prosecuted as a crime.

What Kind of Evidence Can You Use to Prove Adultery in a Marriage?

Direct Evidence

Direct evidence of adultery is clear and compelling, often including photographs, videos, or eyewitness accounts of the adulterous act. However, because adultery typically occurs in private, such evidence can be hard to come by.

Circumstantial Evidence

In most cases, adultery is proven through circumstantial evidence. This type of evidence doesn’t directly show the act but strongly suggests that adultery has taken place. Common forms of circumstantial evidence in Arkansas include:

• Communications: Text messages, emails, or social media interactions that point to an extramarital romantic or sexual relationship.
• Financial Records: Bank statements or credit card receipts showing the purchase of gifts, hotel stays, vacations, or paying rent for an apartment—all of which may suggest an affair.
• Surveillance: Photos or videos of the spouse and a third party entering a private location, such as a hotel room or apartment, and staying there for a length of time that implies sexual activity.
• Testimony: Witness accounts of suspicious behavior between the spouse and a third party, such as frequent meetings or inappropriate interactions, which indicate the likelihood of an affair.

While direct evidence is rare, circumstantial evidence can often be compelling enough for Arkansas courts to recognize adultery in divorce proceedings.

If My State Has Both Fault and No-Fault Divorce, Does It Matter If I Apply for a Divorce on Fault-Based Grounds?

In Arkansas, the availability of both fault-based and no-fault divorce grounds means that proving adultery is not always necessary to obtain a divorce. Under the no-fault provisions, a spouse can file for divorce without having to demonstrate any wrongdoing by the other party, typically citing reasons such as irreconcilable differences or an irretrievable breakdown of the marriage. However, evidence of adultery can still be pertinent in certain aspects of the divorce proceedings, such as asset division or alimony determinations, even in no-fault cases.

Key Differences Between Fault-Based and No-Fault Divorce in Arkansas

When considering whether to pursue a fault-based divorce, it’s essential to understand the differences between the two approaches. While a fault-based divorce, such as one citing adultery, may impact aspects like property division and spousal support, a no-fault divorce streamlines the process and avoids the need for proving wrongdoing, potentially making it a less contentious option.

How to Navigate Divorce After You've Been Cheated On

Facing a divorce following infidelity presents both emotional and legal challenges. Start by securing emotional support, whether through counseling, support groups, or trusted friends and family. Educate yourself on Arkansas divorce laws, and consider consulting with a family law attorney to fully understand how adultery may influence your case.

Financial preparation is equally critical; take an inventory of all marital assets, debts, and individual finances to ensure a fair settlement. If both parties are open to it, exploring mediation or a collaborative divorce may provide a less adversarial path forward.

During this challenging time, focusing on personal well-being is vital. Engage in self-care activities and consider setting personal and professional goals to help navigate this transition. If children are involved, prioritize their well-being by minimizing exposure to conflict and ensuring their needs are central to any decisions made.

Do You Need a Divorce Lawyer? What Are Your Options?

Deciding whether to file on fault-based grounds, such as adultery, can be difficult during an already painful time. Consulting a lawyer who can guide you through the process is often advisable.

While hiring a lawyer is a common route for obtaining legal guidance, there are also other options available. In Arkansas, Your Law Coach is a legal resource and tool that can assist you in navigating the divorce process. 

References

Arkansas Code Annotated - This is the primary source of state law, including laws relevant to divorce and family law. Specific sections include:

• Adultery and Divorce: Arkansas Code § 9-12-301 (Grounds for divorce).
• Equitable Distribution: Arkansas Code § 9-12-315 (Distribution of property).

Family Law Legal Aid Organizations - Websites of organizations such as Legal Aid of Arkansas offer guidance and resources for individuals navigating divorce, including information about adultery and its implications: Legal Aid of Arkansas.