Grounds for Divorce- What Does That Mean?
When you have decided that your marriage has broken down past the point of reconciliation (be together on friendly terms), the next step for most is to file for divorce. There are a few misconceptions (a view or opinion that is incorrect) that are heard regularly around divorce, but the most commonly unknown point for most people is that there are several grounds for a divorce, and you must prove one for a divorce to be granted, even if the divorce is agreed to.
Divorce Type: General Indignities (You Cannot Live With Your Spouse Anymore)
One of the most commonly used grounds is “general indignities,” which some may compare to the more widely known phrase “irreconcilable differences.” It’s not the same thing, but it is similar. Most people don’t realize that a divorce can be denied. That’s right! In Arkansas, if a judge does not find that you have proven grounds for divorce, the judge may deny it. This means that you must bring forth at least some evidence that you deserve a divorce. When you claim general indignities, you are claiming that your spouse has caused such indignities to your life that your living condition within the marriage is no longer tolerable. Simply, your partner made your life at home so bad that you could not live with them anymore.
You must support this in court with evidence, which is often a witness or some other evidence that shows that your spouse was at fault for causing a bad home life for you. Some examples are excessive arguing, financially reckless, abuse, abandonment, substance use disorder, and so on. In this light, it is helpful to be able to explain the specific reasons your marriage should be dissolved, so do your best to document when something occurs if you are considering separation or divorce and if it is safe to do so.
Divorce Type: Other (such as Adultery and 18-month separation)
Other grounds for divorce are adultery, felonious or infamous crime conviction, continuous eighteen months of separation, impotence, and cruel and life-endangering treatment. The only ground that does not require that you blame the other party is continuous separation which means you do not reconcile or engage in “marital relations” after the separation date for a continuous eighteen months. Sometimes, spouses will choose to separate this long because they do not want to blame the other on the court record.
Divorce can be straightforward, or it can be fairly complicated and fact-heavy, depending on the circumstances of the spouses. If you need assistance with a divorce, seek the advice of an attorney. If you need help finding an attorney in Arkansas, you can try Arkansas Find-A-Lawyer. If you would like to apply for our free services, call us at 501-376-3423 (Monday-Friday; 9 am-4 pm). If you would like to file a divorce for yourself, you can use our self-help forms (click here).
AUTHOR: YIESHA JONES, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES