In many states, a couple can get divorced by simply declaring that irreconcilable differences have made their union untenable. In Arkansas, however, you must prove that your divorce is based on specific grounds, most of which label your spouse as being specifically to blame for the deterioration of your marriage.
There are numerous grounds for divorce in Texarkana allowed under state law, as well as additional requirements you must meet in order for a divorce to move forward. A knowledgeable divorce attorney can help you determine whether you are able to seek a dissolution of your marriage under state law and work on your behalf to collect and present evidence supporting your claims.
Unlike the neighboring state of Texas, Arkansas does not expressly allow for married state residents to seek a “no-fault” divorce as the term is generally understood. In other words, no one living on the Arkansas side of Texarkana can successfully seek or be granted a divorce from their spouse unless they can establish specific grounds to end the marriage.
However, just because a person seeking divorce in Texarkana, Arkansas must have grounds for doing so does not necessarily mean those grounds must hold one party at fault for the divorce. This is because the law allows for divorce based on the physical separation of both spouses for at least 18 continuous months without the parties living together. This could be the result of one party’s decision, a mutual decision between them, or due to fault by one or both parties.
Besides the aforementioned situation, anyone who wishes to seek a divorce in Texarkana must establish grounds for their petition that implicate the non-filing party as being at fault for the breakdown of the marriage. Additional acceptable grounds are as follows:
In addition to proving one or more of these grounds, the filing party and/or the non-filing party must also have been a resident of Arkansas for at least 60 days prior to the initial filing date and at least three months prior to the court granting the divorce decree. The divorce decree cannot be granted any sooner than 30 days after the initial filing date. Furthermore, the stated grounds must have occurred or existed within the state of Arkansas within five years of when the filing party first sought divorce.
Fortunately, proving the grounds for divorce in Texarkana does not require meeting the same standard of proof that applies to other areas of the law. However, you must still provide a fair amount of evidence establishing the grounds on which your filing is based and prove that you are eligible to seek divorce in Arkansas based on your residence history.
A dedicated lawyer could provide crucial assistance with both aspects of the divorce process. Call today for a consultation about your unique case.