Marriages can deteriorate over time, leading to the need for a divorce. But what happens when you tied the knot in a different state and currently reside in Arkansas? Are you allowed to file for divorce in Arkansas?
The Short Answer
Absolutely! You have the option to file for divorce in Arkansas even if your marriage took place in another state. As per Arkansas law, residents are permitted to initiate divorce proceedings within the state, provided they meet specific requirements.
The Residency Requirement
Before filing for divorce in Arkansas, it is crucial to fulfill the residency requirements, which include:
- Either you or your spouse must be an Arkansas resident for at least 60 days before submitting the divorce petition.
- In case you and your spouse live in different states and you are the one initiating the divorce, you must have been living in Arkansas for a minimum of six months prior to filing.
No matter where your wedding ceremony was held, meeting the residency requirement is of utmost importance in order to pursue a divorce in Arkansas.
Grounds for Divorce
While pursuing a divorce, it is necessary to state the grounds for dissolving the marriage. In Arkansas, there are several grounds for divorce, encompassing both fault and no-fault options.
- Fault-based grounds include adultery, domestic abuse, cruelty, and abandonment.
- No-fault grounds involve irreconcilable differences, living separately for 18 months, or imprisonment.
If you are contemplating filing for divorce in Arkansas, it is advised to consult with a knowledgeable divorce attorney who can guide you in determining the most suitable grounds for your specific case.
Property Division and Child Custody in Arkansas
Dividing assets, debts, and establishing child custody arrangements are pivotal aspects of any divorce case. In Arkansas, the principle of equitable distribution is followed when it comes to dividing marital assets and debts. The court evaluates various factors during this process, such as the duration of the marriage, the earning capacity of each spouse, and their contributions to the marriage.
With regards to child custody, the court prioritizes the best interests of the child, taking into account factors such as age, health, education, and the relationship with each parent. Arkansas has also adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines the appropriate court with jurisdiction over child custody cases.
Conclusion
Opting for a divorce can be a difficult decision to make. However, if you were married in another state and now reside in Arkansas, you are eligible to file for divorce within the state as long as you satisfy the residency requirement. To navigate the divorce process seamlessly, it is advisable to seek the guidance of an experienced divorce attorney who can assist you with everything from filing the petition to negotiating a fair settlement.