Grounds for Divorce: Arkansas
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate Arkansas grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes:
No-Fault:
(1) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation;
Fault:
(1) Impotence;
(2) Incarceration;
(3) Habitual drunkenness for one (1) year;
(4) Cruel and barbarous treatment;
(5) Offer such indignities to the person of the other as shall render his or her condition intolerable;
(6) Adultery.
(Arkansas Code - Title 9 - Chapters: 12-301)
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your Arkansas Divorce Today (5 Great Options!)
- Locate a Arkansas Divorce Professional Near You
- Read More About Arkansas Divorce Laws
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