How Cheating or Adultery Impacts Your Divorce in Arkansas

What Does Adultery Mean for Your Divorce in Arkansas?

Adultery can significantly impact divorce proceedings in Arkansas, especially when it comes to asset division, alimony, and child custody. While Arkansas allows for no-fault divorce, adultery is recognized as a fault-based ground that can affect the outcome of financial and custody arrangements. Understanding the legal consequences of infidelity can help you navigate the divorce process more effectively.

Legal Definition of Adultery in Arkansas Divorce Cases

Adultery is legally defined in Arkansas as voluntary sexual intercourse between a married person and someone who is not their spouse. Because adultery is a fault-based ground for divorce, it must be proven in court if cited as a reason for ending the marriage.

Proof Requirements for Adultery in Arkansas Divorce

If a spouse files for divorce on grounds of adultery, they must present clear and convincing evidence to prove the claim. Arkansas courts do not require direct proof of sexual intercourse but do require evidence that strongly suggests adultery occurred.

Common Forms of Evidence in Adultery Cases:

• Text messages, emails, or social media interactions indicating an affair.
• Financial records showing money spent on gifts, vacations, or hotel stays with a third party.
• Surveillance footage or photos of the spouse and the third party in intimate settings.
• Witness testimony from individuals who observed suspicious or inappropriate behavior.

Simply suspecting infidelity is not enough—the burden of proof rests on the spouse making the claim.

Is There a Difference Between Cheating and Adultery?

Yes. While many people use the terms interchangeably, cheating is a broad term that includes emotional infidelity or inappropriate relationships. However, in Arkansas, adultery refers specifically to extramarital sexual intercourse and has legal consequences in divorce cases.

How Adultery Impacts Divorce Proceedings in Arkansas

While no-fault divorce is available, filing on the fault-based ground of adultery can affect the legal outcomes of a divorce, particularly in these areas:

1. Impact on Property Division

Equitable Distribution in Arkansas

Arkansas follows equitable distribution laws, meaning that marital assets are divided fairly but not necessarily equally. Courts consider multiple factors, including the financial and personal conduct of each spouse during the marriage.

If adultery negatively impacted the marital estate, such as wasting marital funds on an affair, the court may adjust the division of assets to compensate the non-adulterous spouse.

Adultery’s Effect on Asset Division

• If a cheating spouse spent marital assets on gifts, vacations, or other expenses related to the affair, the court may award a larger share of the assets to the non-adulterous spouse.
• If the affair had no financial impact, the court may still consider adultery as a factor, but it does not automatically guarantee an unequal division.
• Arkansas courts have discretion in determining what is fair, but they do not always penalize adultery if it did not financially harm the other spouse.

2. Impact of Adultery on Alimony in Arkansas

Alimony (spousal support) is awarded based on financial need, but adultery can play a role in the court’s decision.

When Adultery May Impact Alimony:

• If the cheating spouse seeks alimony, the court may reduce or deny their request, especially if the affair contributed to the breakdown of the marriage.
• If the non-adulterous spouse seeks alimony, adultery may be a factor in increasing the awarded amount, particularly if the infidelity caused financial harm or emotional distress.
• Arkansas courts prioritize financial needs over moral judgments, so adultery alone does not automatically bar a spouse from receiving alimony—it must have directly impacted the marriage’s finances.

Key Considerations for Alimony in Adultery Cases:

• The financial disparity between spouses
• The duration of the marriage
• Whether the affair financially harmed the other spouse

If marital assets were wasted on the affair, the court may compensate the other spouse through a higher alimony award or adjusted asset division.

3. Impact of Adultery on Child Custody and Visitation in Arkansas

Arkansas courts determine child custody based on the best interests of the child, and adultery alone is not a reason to deny custody. However, if an affair impacted parental responsibilities or created an unstable environment, it could influence custody decisions.

When Adultery May Affect Custody:

• If the cheating parent neglected their parenting duties because of the affair.
• If the child was exposed to unsafe or inappropriate situations due to the relationship.
• If the affair disrupted the child’s home life in a way that affects their well-being.

Parental Conduct and Child Custody:

• If the affair had no impact on parenting, adultery will not affect custody.
• If the child was neglected or placed in harm’s way, the court may limit the adulterous parent’s custody rights.
• If the cheating spouse cohabitates with a new partner, the court may review how this affects the child’s home life.

While adultery is not a direct factor in child custody, a parent’s overall behavior and stability are critical in custody decisions.

4. Impact of Adultery on Child Support in Arkansas

Arkansas calculates child support using state guidelines, which are based on the parents’ income and custody arrangement.

• Adultery does not directly affect child support payments.
• A parent’s financial obligation remains the same regardless of infidelity.
• If the affair caused a change in custody arrangements, the support obligation may be adjusted accordingly.

The primary focus in child support cases is ensuring the child’s financial needs are met, not the behavior of the parents.

Is Adultery a Crime in Arkansas?

Adultery is not a criminal offense in Arkansas. While some states still have laws criminalizing adultery, Arkansas treats it solely as a civil matter in divorce proceedings. Courts may consider adultery when dividing assets or determining alimony, but it is not punishable by law.

What Kind of Evidence Can You Use to Prove Adultery?

Direct Evidence:

• Photos or videos of the spouse engaging in an affair.
• Eyewitness testimony confirming the infidelity.

Circumstantial Evidence:

• Text messages, emails, or call logs showing romantic or sexual conversations.
• Financial records proving money was spent on an affair (hotel stays, gifts, vacations).
• Surveillance footage or witness testimony of a spouse spending the night with a third party.

Direct evidence is rare, so courts often accept circumstantial evidence if it strongly suggests adultery occurred.

Should You File for Fault or No-Fault Divorce in Arkansas?

Arkansas allows both fault-based and no-fault divorce. If adultery impacted the marriage financially or emotionally, filing on fault grounds may provide leverage in property division or alimony. However, no-fault divorce is often faster and less contentious.

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

• Fault-based divorce (citing adultery) requires proof but may influence financial settlements.
• No-fault divorce does not require proof but avoids lengthy legal battles.

Choosing the right approach depends on your specific circumstances and how adultery impacted your marriage.

Do You Need a Divorce Lawyer? Legal Guidance for Adultery Cases

Adultery can complicate divorce proceedings, especially if it affects finances or custody. Consulting a family law attorney in Arkansas can help you understand your legal options and ensure a fair outcome.

References

1. Arkansas Code § 9-12-301 – Grounds for Divorce
2. Arkansas Code § 9-12-315 – Equitable Distribution in Divorce
3. Arkansas Family Law Court Guidelines on Child Custody and Alimony
4. Legal Aid of Arkansas – Divorce and Family Law Resources

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