Why It Might Be a Bad Idea to Pursue No-Fault Divorce in Arkansas

When deciding between filing for a no-fault or at-fault divorce, it's crucial to weigh the legal and moral considerations. Although a no-fault divorce might initially seem like a simpler and more cost-effective option, several factors make it less favorable, particularly in Arkansas.

Arkansas-Specific Factors to Consider

Arkansas has unique laws regarding divorce that can complicate a no-fault divorce process. For instance, Arkansas requires a separation period of 18 months for a no-fault divorce based on "general indignities," which is considerably longer than the waiting periods in many other states. This extended time can delay the finalization of your divorce and may present complications, especially when children or shared property are involved.

Additionally, Arkansas does not recognize "irreconcilable differences" as grounds for a no-fault divorce. The most common no-fault ground is "general indignities," a vague term that often invites more legal scrutiny than expected. Understanding these nuances is essential before opting for a no-fault divorce in Arkansas.

The Unilateral Nature of No-Fault Divorce

In Arkansas, a no-fault divorce can be filed by just one spouse, meaning the other spouse cannot object to the divorce itself. While this might seem like an efficient approach, it limits the non-filing spouse’s ability to present their side of the story regarding the reasons for the divorce. In contrast, an at-fault divorce allows the non-filing spouse to highlight significant issues, such as adultery or cruelty, which could influence decisions on property division or alimony.

Although the non-filing spouse cannot contest the dissolution of the marriage in a no-fault divorce, they can still raise objections concerning child custody, visitation, alimony, and property division. However, since fault isn’t considered, the judge's decisions are based on the financial and emotional welfare of the children, without factoring in either spouse's conduct during the marriage.

Custody, Child Support, and Alimony Still Require Litigation

Opting for a no-fault divorce in Arkansas does not eliminate the need to address complex issues such as child custody, child support, and alimony. Arkansas courts prioritize the "best interest of the child" standard when determining custody, and if parents cannot agree, additional court proceedings may be necessary.

Furthermore, Arkansas law considers both spouses' financial situations when determining alimony. In a no-fault divorce, the higher-earning spouse may feel unfairly burdened by alimony payments, as fault is not taken into account. In contrast, at-fault divorces allow factors like adultery or desertion to be considered, which could impact the court’s decision on spousal support.

Religious and Emotional Considerations

In Arkansas, where religious values play a significant role in family life, no-fault divorce may conflict with deeply held beliefs about marriage. For those whose faith views marriage as a lifelong commitment, a no-fault divorce could be seen as an infringement on their religious liberty. Since a no-fault divorce can be filed unilaterally, the non-filing spouse may feel that their right to maintain their religious vows is being ignored.

Psychologically, filing for an at-fault divorce can also offer healing for the non-filing spouse. Being able to tell the court, your spouse, and your community why the marriage is ending can provide emotional closure that a no-fault divorce often lacks. In a no-fault divorce, this opportunity to explain what went wrong is removed, potentially leaving unresolved feelings of hurt or frustration.

No-Fault Divorce is Not Recognized in Many Religious Faiths in Arkansas

Many religious communities in Arkansas hold that marriage is a sacred covenant, and breaking it without assigning fault can be seen as unacceptable. Conservative religious groups, which are common in the state, often believe that marriage is a lifelong commitment that should only be dissolved under specific conditions, such as adultery or abandonment. For individuals in these faith communities, filing for an at-fault divorce may feel more consistent with their religious values than a no-fault divorce.

Because no-fault divorce does not allow for objections from the non-filing spouse, it may be viewed as infringing on their religious freedom, preventing them from exercising their faith by opposing the dissolution of their marriage.

At-Fault Divorces Can Be Psychologically Healing

At-fault divorces in Arkansas allow the non-filing spouse to present the reasons for the marriage's failure in court, which can help with emotional healing. If the marriage ended due to serious misconduct—such as abuse, infidelity, or cruelty—having the court recognize this can provide a sense of validation and closure. For many Arkansas residents, particularly those who feel they were silenced during the marriage, having their voice heard in court can be an important step toward emotional recovery.

On the other hand, a no-fault divorce often leaves the non-filing spouse feeling as though their grievances were never acknowledged, which can prolong emotional distress. The chance to state your case publicly and to have your community understand the reasons behind the divorce is a key part of the healing process that is lost in a no-fault proceeding.

Do You Need an At-Fault Divorce Lawyer in Arkansas? What Are Your Options?

Navigating an at-fault divorce in Arkansas can be challenging due to the state’s specific legal requirements. Grounds for at-fault divorces in Arkansas include adultery, cruelty, desertion, and habitual drunkenness, all of which require evidence to be presented in court. An experienced Arkansas-based attorney can help you gather the necessary proof and guide you through the decision-making process, whether you are filing on fault grounds or defending against them.

Self-help tools and legal apps may be helpful for straightforward cases. You can find one designed for residents in the State of Arkansas at Your Law Coach. 

If you’re considering filing for an at-fault divorce, consulting with an attorney who specializes in Arkansas family law will ensure that you make the best choice for your specific situation.

Resources

Arkansas Code on Divorce:

• For official legal information, you can refer to the Arkansas Code Title 9 (Family Law). This includes specifics about grounds for divorce, alimony, and child custody laws in Arkansas.
• Website: Arkansas Legislature - Arkansas Code

‍Arkansas Bar Association:

• Website: Arkansas Bar Association

Arkansas Judiciary Website:

• For information on filing procedures and legal forms, the Arkansas Judiciary website can be a helpful reference.
• Website: Arkansas Judiciary

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