Withholding Sex as Grounds for Divorce in Arkansas

Can a sexless marriage be grounds for divorce in Arkansas? Is it considered constructive abandonment, or is there another legal avenue for addressing it? This article explores the legal implications of withholding sex in marriage and how Arkansas courts might view such cases.

We’ll break down how Arkansas handles issues like sexual refusal in divorce proceedings, focusing on the distinction between fault-based and no-fault divorce. By examining relevant legal definitions and precedents, you’ll gain a better understanding of how withholding sex could contribute to the breakdown of a marriage in Arkansas.

Withholding Sex, Constructive Abandonment, and Alienation of Affection in Arkansas

A sexless marriage, typically defined as one with little to no sexual activity, is often a significant issue in relationships. While the term “sexless marriage” lacks a clear legal definition, experts generally agree that fewer than ten sexual encounters a year could qualify. However, the critical factor is not just the frequency of sexual activity but the emotional and psychological toll it takes on the relationship.

In Arkansas, withholding sex can be classified under constructive abandonment, which might serve as grounds for divorce in some cases. Let's clarify some key terms:

• Alienation of Affection: This involves a legal action against a third party accused of interfering in the marital relationship, leading to the loss of love or affection between spouses. However, Arkansas no longer recognizes alienation of affection as a valid claim, having abolished this cause of action in 1991.
• Constructive Abandonment: This occurs when one spouse's refusal to engage in marital duties, such as sexual relations, effectively ends the marital relationship. In Arkansas, constructive abandonment can be used as grounds for a fault-based divorce. It does not require physical separation from the marital home but focuses on a sustained refusal to meet marital obligations, including emotional and physical intimacy.

Is Withholding Sex Grounds for Divorce in Arkansas?

Fault-Based Divorce in Arkansas

In Arkansas, you have the option to file for either fault-based or no-fault divorce. In a fault-based divorce, one spouse must prove that the other’s behavior is responsible for the marriage's breakdown. Withholding sex can be considered grounds for divorce under constructive abandonment if the refusal to engage in sexual relations is continuous, unjustified, and negatively affects the marriage. The spouse seeking a fault-based divorce must demonstrate that the sexual refusal led to a substantial deterioration of the marital relationship.

No-Fault Divorce in Arkansas

Arkansas also allows no-fault divorces, meaning that neither party has to prove that the other did anything wrong. The most common grounds for no-fault divorce in Arkansas is separation for 18 months or more. In this case, issues like withholding sex do not need to be proven in court. While a lack of intimacy may still be an issue in the marriage, in a no-fault divorce, it is not necessary to establish fault or blame.

What's the Impact of Lack of Sex on Divorce Proceedings and Orders in Arkansas?

Custody

In Arkansas, the direct impact of a sexless marriage on custody decisions is minimal. Custody determinations focus on the best interests of the child, considering factors such as the emotional ties between the child and each parent, the stability of the home environment, and each parent’s ability to meet the child’s needs. However, if the lack of sex reflects deeper emotional or psychological issues that affect a parent’s capacity to care for the child, this could indirectly influence custody decisions.

Child Support

In Arkansas, child support is determined using statutory guidelines based on the income of both parents, the needs of the child, and the amount of time the child spends with each parent. The reasons behind the dissolution of the marriage, such as the absence of sexual intimacy, do not play a role in calculating child support. Courts focus solely on the financial aspects necessary to meet the child’s needs, making the dynamics of the marital relationship irrelevant to child support orders.

Spousal Support

While sexual activity (or the lack thereof) does not directly determine spousal support (alimony) in Arkansas, the underlying issues leading to a sexless marriage might come into play. For example, if one spouse withheld sex as a form of emotional or psychological abuse, this could factor into the court's decision regarding spousal support. Additionally, if health issues contributed to the lack of sexual relations and affected one spouse’s earning capacity, the court may consider these circumstances when determining the amount and duration of alimony.

8 Reasons to Leave a Sexless Marriage in Arkansas

1. Unmet Emotional and Physical Needs: A sexless marriage can leave one partner with significant unmet emotional and physical needs, making divorce a potential path to greater fulfillment.
2. Irreparable Relationship Damage: A lack of sexual intimacy can create deep emotional wounds that lead to resentment or communication breakdowns.
3. Lack of Intimacy and Connection: Sexual intimacy often plays a vital role in marriages, and its absence can weaken the bond between spouses.
4. Decreased Self-Esteem: Feeling unwanted or unattractive can erode self-esteem and lead to emotional distress.
5. Incompatibility: Irreconcilable differences in sexual desire or expectations may highlight deeper issues of incompatibility.
6. Impact on Mental Health: Frustration and loneliness stemming from the lack of intimacy can take a toll on mental health.
7. Openness to New Relationships: The desire for sexual and emotional intimacy may motivate some individuals to end a sexless marriage in search of more fulfilling relationships.
8. Fundamental Disagreement on the Role of Sex in Marriage: If one partner views sex as essential and the other does not, this fundamental disconnect may prompt divorce.

Reasons to Stay in a Sexless Marriage in Arkansas

1. Emotional Connection and Companionship: Many Arkansas couples find emotional connection and companionship to be sufficient to sustain their relationship.
2. Family and Children: The desire to provide a stable home for children is often a powerful motivator to stay in a marriage.
3. Financial Stability and Shared Responsibilities: Divorce can bring financial strain, and staying together may be more practical for maintaining stability.
4. Personal Beliefs and Social Pressures: Cultural and religious beliefs in Arkansas may influence couples to stay together, viewing marriage as a lifelong commitment.

Causes of Being in a Sexless Marriage

• Physical Health Issues: Medical conditions, disabilities, or the effects of aging can impact libido or sexual ability.
• Mental Health Concerns: Depression and anxiety can significantly reduce sexual desire, especially in areas with limited mental health resources.
• Hormonal Changes: Conditions like menopause or thyroid disorders can greatly affect libido.
• Medications: Certain medications have side effects that can reduce sexual desire or function.
• Stress and Fatigue: High stress levels, whether from jobs, parenting, or financial burdens, can diminish interest in sex.
• Lack of Emotional Intimacy: Emotional disconnects and unresolved conflicts can lead to reduced sexual desire.

Relationship Problems That Could Cause a Sexless Marriage in Arkansas

• Communication Breakdown: Poor communication can erode intimacy.
• Infidelity: Betrayal from an affair can destroy trust and desire.
• Mismatched Sexual Desires: Differences in libido can lead to frustration and avoidance of sexual encounters.
• Neglect and Lack of Effort: Failing to nurture the relationship can lead to a loss of connection and sexual interest.
• Unresolved Conflicts: Ongoing arguments create barriers to intimacy.
• Lifestyle and Routine: Falling into monotonous routines can result in a decrease in sexual activity.

Fault vs. No-Fault Divorce: Does It Matter Which Grounds You Choose in Arkansas?

In Arkansas, you have the option to file for divorce on either fault-based or no-fault grounds.

• Fault-Based Divorce: One spouse must prove that the other is responsible for the breakdown of the marriage. Grounds such as constructive abandonment can be used. However, proving fault may lengthen the divorce process.
• No-Fault Divorce: The couple does not need to prove any specific wrongdoing. These divorces are typically simpler and less contentious.

Choosing between fault and no-fault divorce depends on your unique circumstances. A consultation with a divorce attorney can help you decide the best path forward.

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

Deciding whether to file for divorce on fault-based grounds, such as constructive abandonment, can be challenging. Consulting a divorce attorney in Arkansas is often the best way to understand your rights.

While hiring a lawyer is common, there are other legal guidance options:

• Traditional Legal Representation: Many family law attorneys in Arkansas can help navigate divorce complexities.
• Legal Apps and Resources: There are self-help apps, like Your Law Coach, that provides step-by-step assistance with divorce,.

Each divorce case is unique, and legal counsel can ensure your rights are protected.

References

• Arkansas Code Annotated Title 9, Chapter 12 (governing divorce and annulment)

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