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What does Arkansas consider grounds for divorce?

Many states have adopted "no-fault" divorces. In these divorces, both parties agree that the marriage is not salvageable, but the courts consider neither party to be responsible for the dissolution of the union. This allows for couples to quickly divorce without proving someone did something wrong. Even in cases of adultery and physical abuse, many people still choose no-fault divorces because it is faster to divorce when you don't have to prove to the courts why you should be allowed to divorce. Unfortunately for those living in Arkansas, the state does not currently allow for no-fault divorces.

Some couples who meet the criteria for divorce on legal grounds may also meet the criteria for an annulment, which is where the marriage isn't just undone, it gets declared legally invalid from the start. An annulment will only get granted if you and your spouse don't share children and there was an issue with your union, including undue influence, threats or even intentional misrepresentation by your spouse.

For other couples who have children or whose marriage meets legal requirements, divorce requires legal grounds. That means that any divorce in Arkansas must meet state standards for divorce. Grounds are just legal reasons why your marriage should get invalidated and ended.

Arkansas allows for divorce in a number of situations

Trying to prove why you need a divorce can be a daunting proposition. The easiest way to obtain grounds for a divorce is to legally separate first. If you and your former spouse have lived separately for more than 18 months, you can then divorce without proving fault or requiring additional grounds. For those unable or unwilling to wait 18 months or longer for the divorce by separation process, it is critical to establish grounds for the divorce.

Common grounds for divorce include:

-conviction of a felony or infamous crime

-impotency or infertility

-alcohol abuse lasting more than a year

-abuse that endangers the life of the abused spouse

-intolerable indignities (emotional abuse or public humiliation)


-incurable insanity resulting in institutionalization for three years

-abandonment of spousal support responsibilities

You will need to gather evidence of these grounds to present to the courts. In cases of substance abuse, that process could include retaining receipts for excessive alcohol purchasing. Medical records could get used to prove serious abuse or infertility. Text records or social media posts could substantiate claims of adultery or intolerable indignities. Once you have documentation of why you want a divorce, you can proceed with the process of filing and then proving your grounds to the courts. So long as your spouse doesn't contest the grounds of the divorce, the whole process could be over in as little as 30 days.

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