In Arkansas, divorce cases require petitioners to fulfill all prerequisites before filing a motion. Applicable laws determine how the case proceeds and outline requirements for the couple. The size of the marital estate and the total number of children produced during the marriage dictate certain requirements, too. Family Divorce Lawyers in Cabot Ar explain how local laws apply to marital property division and standard divorce concepts.
Establishing Residency in Arkansas
The petitioner must establish residency in Arkansas for the state to establish jurisdiction over the case. The residency requirement is 6 weeks. The petitioner shows their attorney a state-issued driver’s license or ID to establish residency.
No-Fault Divorce Grounds
Arkansas is classified as a no-fault divorce state. The laws prevent petitioners from using any fault-based divorce grounds when filing for a divorce. Petitioners use irreconcilable differences as the divorce grounds. The grounds don’t introduce blame or fault. Both parties agree that the marriage is over, and there is no hope of reconciliation.
Following Community Property Laws
Community property laws are followed when the couple divides their marital estate. Community property includes any assets that are acquired during the marriage. The laws don’t apply to property that is inherited or purchased before the marriage. Assets that were given to a spouse as a gift aren’t taken away from them under the laws. All assets obtained during the marriage are split equally between the parties.
Is Alimony Available to Spouses?
Alimony is available to help a spouse transition through the divorce financially. Spouses who are married at least ten years are eligible for permanent alimony payments. The permanent payments continue until either spouse dies or the recipient remarries. Rehabilitative alimony is paid to cover the cost of an educational program. The form of spousal support helps the individual increase their earning capacity.
In Arkansas, divorce cases require the petitioners to establish residency before starting a case. The only divorce grounds are irreconcilable differences. Community property laws apply to marital property division and don’t include inheritance or gifts.
