mdmymd
newbie
Reged: 07/04/07
Posts: 45
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My husband moved out 3 weeks ago. My suspicions of his 6 month affair were confirmed yesterday so I now have proof that he's been cheating. We've been married 13 years and have two small children (2 and 4). We're in Arkansas.
Does filing using a fault claim gain you any advantage? Or is a non-fault claim the preferable way to go? Or does it matter?
For advantage, all I am wanting is reasonable child support and to be able to move with the children back home to Maryland where we'll have better educational opportunites, be surrounded by family (his and mine), better all round culture and activities. He and I have moved 7 times all over the country for his career so we have no base here.
I have googled til my fingers ache and don't get any clear cut answers (not that I expect complete clarity) but am just curious what your experiences have been.
I'll be much appreciative of your replies.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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What state are you in, now?
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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From what I understand, "fault" may be an advantage when alimony is considered. I personally went for "no fault" because I had no plans on fighting it out in court trying to proof his affairs, and I wasn't interested in alimony, nor was it an option in my case, according to my lawyer, because I was self-supportive.
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mdmymd
newbie
Reged: 07/04/07
Posts: 45
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We currently reside in Arkansas and have been here 6 years.
As for alimony, that might be available to me since we chose that I would stop working when our first child was born. I have been out of the workforce for 4 1/2 years. Honestly though, I am mostly concerned with getting us back to Maryland.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Arkansas is not a "no-fault" state, meaning that Arkansas law requires that you prove that you have "grounds" for a divorce. Unless you can prove to the court that you have been separated from your spouse for 18 continuous months without having sexual relations with your spouse, you must prove "grounds." This usually means that you must prove some misconduct by your spouse.
It is important to note that if your spouse "contests" your grounds for divorce, you must have a witness testify about some fact or circumstance to convince the judge that your accusations are true. In other words, if your spouse contests that you have grounds for divorce, your word alone will not be enough. You will have to bring a witness to back you up on at least part of your accusations.
Alimony is not based on fault in AK.
Filing w/grounds does not provide an "advantage,... for child support and to be able to move with the children back home to Maryland".
Child Support is provided according to State mandated guidelines.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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Thanks for clearing that up, PR...sorry if I confused more than I helped...
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Not quite PR , Arkansas allows both fault & no-fault divorce .
There is only one no-fault ground upon which to obtain a divorce in Arkansas and that is a divorce based on the spouses voluntarily living apart without cohabitation for 18 months. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed. The additional grounds that a party may seek a divorce are based on assignment of fault and include: impotence; adultery; confinement for incurable insanity or separation caused by mental illness for a period of 3 years; conviction of a felony; cruel and inhuman treatment which endangers the life of the spouse; personal indignities; habitual intemperance (drunkenness) for 1 year; commission and/or conviction of an infamous crime; and nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.
To receive a court-approved divorce it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved.
The assignment of fault may make a difference in terms of a court's final determination of the division of property. If one party is determined to be at fault for the breakdown of the marriage, then the court may award the other party more property
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Careful. We don't want to learn from this.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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G-Dad..
I did say she could file after 18mths w/o grounds.
From my reading of the revised statutes: It states that AK is an equitable distribution state and that "The assignment of fault DOES NOT make a difference in terms of a court's final determination of the division of property"
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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The statutes themselves may not differentiate in property division, HOWEVER, the judge may. A judge can deviate from guidelines, and sometimes they do, based on how they feel about the parties. If he's been cheating, and the judge believes this, he MAY deviate and award a larger split to her. He may follow guidelines to the letter though.
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Char Fox
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mdmymd
newbie
Reged: 07/04/07
Posts: 45
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This is interesting reading. Thank you all for your replies. I will be back later tonite to reread and consider more. Just wanted to mention that I have proof of my husband's 6 month affair. I have copies of incriminating (meaning there is NO doubt) emails between them.
Time to bathe the kiddos and take them to bed. Thank you all again.
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