Fault Divorce In Arkansas Part 1: Adultery
Long hours at work, unexplained credit card charges, unusual behavior — these actions and your intuition may indicate that your significant other might be cheating on you. If you suspect your spouse is participating in adultery, you may be eligible for a fault divorce.
In this series of blog posts, we’ll discuss different reasons for fault divorce in Arkansas. Today, we’ll highlight adultery and the steps affected spouses need to take to obtain a fault divorce.
Explaining No Fault And Fault Divorce
Have you ever heard the phrase “divorce due to irreconcilable differences?” No fault divorce in Arkansas is similar — the married couple desires to legally dissolve their union due to incompatibility.
But there’s a catch. In order for married Arkansan couples to meet the criteria for no fault divorce, they must live separately for 18 months. That means you and your former spouse will remain legally married, but remain physically apart for a year and a half before a divorce is granted.
A fault divorce occurs when one individual’s actions have negatively affected their spouse and the affected party desires to leave the marriage. In Arkansas, there are a variety of reasons for fault divorce including adultery, felony convictions, and cruel mistreatment of a spouse.
How To Obtain A Fault Divorce Due To Adultery
There are a few essential steps to securing a fault divorce in Arkansas:
Step 1: Contact A Family Law Attorney
If you suspect your spouse has been unfaithful to you during your marriage, the first thing you should do is contact a family law attorney. In order for a fault divorce to be granted, you’ll need proof that your partner has been participating in adultery within the last five years.
An attorney will be well versed in the type of proof you’ll need and courtroom strategies for obtaining a fault divorce. Without a reliable lawyer, you could get stuck waiting 18 months for a no fault divorce — which can be incredibly painful for spouses looking to move on from their heartbreak.
Step 2: Gather Evidence
This step can be tricky to navigate because the evidence will depend upon your unique circumstances. If your spouse knows that you are aware of their infidelity, they may take strides to hide their actions, resulting in little to no evidence of adultery.
Here are some pieces of evidence that may be valuable for fault divorce:
- Bank statements with unexplained purchases
- Text messages or pictures indicating infidelity
- Online dating profiles
- Testimony from friends, family, affair partner, and other related parties
- Evidence from a private investigator
Every situation is different, which is why obtaining a family law attorney is crucial to securing a fault divorce. Evidence like screenshots of online dating profiles alone won’t be enough to prove to the court that you deserve a legal dissolution of marriage.
Step 3: Remain Cool, Calm, And Collected
Infidelity can feel heart-crushing, but yet, 71% of US citizens report cheating on a significant other (in marriage and committed relationships) at some point in their life. In fact, as of 2024, the US ranks #1 for citizens who cheat the most.
Despite these staggering statistics, the affected spouse needs to remain composed. It’s easy to feel the need to get even — but your actions will impact your court case. Avoid property destruction, pursuing new relationships, and publicly humiliating your former partner to ensure they do not have evidence against you in a fault divorce case.
Find A Reliable Family Law Attorney To Secure Your Divorce
The legal team of professionals at Hickey & Hull knows that divorce proceedings can be incredibly difficult for clients, which is why our professionals strive to be compassionate and understanding regardless of the circumstances.
Schedule a consultation with Hickey & Hull today to learn more about what you need to do for a fault divorce in Arkansas. With five offices across the state, our professionals can help you secure a divorce and move on to new beginnings.