Divorce, in any state, can be a long and painful process, but there are many ways in which spouses can work together to make things go as quickly as possible.
In Arkansas, there are two statutory issues that delay divorce. First, you and your spouse must have been living separately for a year and a half before filing for a no-fault divorce. Second, for fault or no-fault, your divorce cannot be finalized until 30 days after filing. Although 18 months may seem like a long time to wait to get on with your life, it gives you and your spouse a chance to iron out sticking points and agree to terms, so that when you file, you won’t have to waste time battling over the details.
No Fault and Living Separately
Arkansas recognizes two types of marriage. If you are in a standard marriage, you and your spouse must have been living apart and separately with no cohabitation for at least 18 months before filing for no-fault divorce.
If you are in a covenant marriage, and want to seek a no-fault divorce, you must live apart and separately for at least two years if you do not have children, or two years and six months if you do have children.
You do not need to be legally separated to qualify as living separately. In fact, if you are in a covenant marriage, you have to live separately for at least two years before you can obtain a legal separation.
Using Your Time Wisely
Whether you are facing the long waiting period before a no-fault divorce or just the 30 days for a fault divorce, you can spend that time trying to come to a fair and acceptable agreement so that you do not have to wait for the court system to make decisions for you. In some marriages, coming to an agreement simply isn’t possible, but an experienced Arkansas divorce attorney can help you negotiate with your spouse, even in a contentious divorce.
To learn more about Arkansas divorce, call Milligan Law Offices at 479-783-2213 or email us today to schedule your initial consultation.