Divorce Information from the Tripcony Law Firm

Divorce

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.

If your spouse does not "contest" that you have grounds for divorce, you still will have to bring a witness with you to court, but that witness need only be prepared to testify about where you and your spouse have lived (or simply where you have lived, if you are a resident of Arkansas) and about how long you and your spouse have been separated. The witness will need to be able to testify from his or her own personal knowledge and not just from what you have told the witness.

If you are the person filing for divorce, the case must be filed in the county where you live. If you live outside the state of Arkansas, it must be filed in the county in Arkansas where your spouse lives.

Alimony/Maintenance/Support

The term alimony means the same thing as spousal support or maintenance. Arkansas Law allows a judge to award temporary alimony to either spouse until a divorce is final. After the divorce in most cases in which alimony is awarded, it lasts for a certain period in order to give the spouse time to get back on his/her feet. In the case of a long term marriage or where one spouse is ill the court can establish a permanent spousal support arrangement. It is in the interest of any spouse who has been out of the work force for a number of years to get spousal support while they get retrained.

Annulment vs. Divorce

An annulment is a legal procedure which causes a marriage to be as if it had never existed. The most common reason that a marriage is annulled is fraud. This might mean a failure to disclose some important fact to the spouse like a communicable disease, an inability to have children, a previous divorce or a criminal past. Other common reasons are bigamy, incest, or duress. Most people do not get annulments unless they have some legal, financial or religious reasons to avoid a divorce.

Contested Divorce

A contested divorce often comes about when there is substantial property or assets and a feeling by one spouse or the other that he/she deserves more. In Arkansas the court will divide property according to equitable distribution, a fancy way of saying according to what is fair. Factors considered include each spouses earning power, non-marital property, services as the homemaker, duration of the marriage and the age and health of both parties.

Tripcony Law Firm