In Arkansas, it’s important to know the differences between a divorce and a separation because of the ways in which the divorce laws are structured. Divorce in Arkansas can be tricky due to the fact that at least one individual has to prove grounds for divorce, or the divorce can be a “No Fault” divorce. Understanding all the unique differences and caveats to divorce proceedings is important to make sure everything goes a smoothly as possible. Working with an experienced family lawyer in Arkansas can help you through this difficult time and provide you with the information you need in order to come out of your divorce in one piece. Keep reading for the highlights about a no fault divorce and the different types of separation.
No Fault Divorce
A no fault divorce in Arkansas is a divorce where neither party is contesting the divorce and there is no blame of either party for the end of the marriage. This type of divorce is typically uncontested and both parties mutually agree to the separation. It does not fall under the state designated grounds for divorce as laid out on our website here. While an uncontested divorce may be mutual, there is a much longer process that occurs due to the fact that it doesn’t fall under the other legal grounds for divorce. In the state of Arkansas, a couple has to go through an 18-month separation period prior to a court ruling a divorce final.
Types of Separation
Whether you’re working towards a no fault divorce or you simply think that a separation is the best situation for you and your spouse, it’s important to understand the different types of separations and how most courts will view them. There are three main types of recognized separation as we note below.
In a trial separation, you and your spouse do not live together for a short, finite amount of time. This could be a couple weeks or a couple of months. Often, couples who try a trial separation want to see if divorce is the right option for them, or if attempting things like counseling, will help to save their marriage.
A permanent separation is necessary in order to receive a no fault divorce in the state of Arkansas. In order to get divorced without grounds, a couple must live and function apart for a total of 18-months without any cohabitation or marital relations. Permanent separations could also be beneficial for couples who wish to remain married for financial reasons, but mutually agree that they no longer want to live together. A separation agreement may be beneficial to lay out the terms of the separation to protect both parties.
A legal separation is one that is ruled on by the state courts and has to provide a separation agreement. This can be quite similar to a permanent separation, but essentially has the official blessing of the court.
If you need help figuring out what you need to do in a no fault divorce, or if you need to take any legal action for a separation, contact the professionals at OMG Law Firm in Jonesboro. Call today.