Once the marriage is over, the next decision is what type of divorce should be pursued. According to Arkansas law, there are two types of divorce: absolute divorce and divorce from bed and board. This section contains links containing information about annulment, divorce and separation laws in Arkansas. There are pdf fact sheets, streaming video and interactive forms below. Choose another theme here. As Arkansas recognizes two distinct types of marriage – the covenant and the norm – judicial authorization of a separation depends on the type of marriage that has a couple. In a federal marriage, the conditions of a legal separation are more difficult than in a standard marriage. In addition to consulting an “authorized” source (a licensed marriage counsellor or a priest, a rabbi or a priest), the petitioner must prove that his spouse has committed: “a) adultery; was convicted of a crime and sentenced to death or imprisonment; (c) whether the spouse or one of the children of one of the spouses has physically or sexually abused; (d) is dependent on alcohol for more than a year; (e) endangering one`s life or (f) committing “indignations” to make married life continue unbearable.” Separation without dissociating the law can be granted without the above cases in which the parties lived separately for two years and separately, without reconciliation. In comparison, the court applies in a standard marriage a separation agreement signed by both spouses and fair. In Arkansas, the separation of legal provisions is particularly complicated because the state recognizes two types of marriages and three types of separations, so negotiating a separation agreement requires knowledge of state law and good bargaining skills.
In Arkansas, there are separation laws that are unique to the state. (Family Law is in the Arkansas Code Title 9, Chapter 12) The path of separation that a couple takes depends on their preferences and the type of marriage the spouses have entered into. Arkansas family law generally offers room for three options for marriage separation – absolute divorce, limited divorce and separation without marriage breakdown – which you choose depends on whether you plan to live separately and separately while remaining “legally married” or if you intend to continue the divorce to end the marriage. However, if the parties are unable to agree on their own, the judge will proceed with an equitable distribution of assets and debts. Equitable distribution means an equitable division of ownership on the basis of the particular circumstances of each party. Arkansas law assumes that a couple`s marital property is 50-50, but several factors can lead a judge to move to unequal distribution. If the spouses cannot consent, a claim for a separate support order, similar to the filing of a divorce complaint, can be filed. This requires the court to rule on issues such as custody, support and ownership sharing.
The court makes an order containing the judge`s judgments, as well as a divorce decree, except that the marriage is not legally over. Couples may apply, for religious reasons, to separate from the law instead of divorce or to maintain certain insurance benefits that would otherwise result in a divorce or if a divorce is imminent.