Divorce can be an emotional and complicated process, especially when infidelity is involved. If you are considering a divorce in Arkansas and suspect that your spouse is cheating on you, it is crucial to have a thorough understanding of the state’s laws regarding divorce and adultery. In this article, we will delve deeper into the legal implications of adultery in Arkansas and its potential impact on your divorce.
Understanding Adultery in Arkansas
In the eyes of the law in Arkansas, adultery is defined as a married person engaging in sexual relations with someone other than their spouse. It is considered a fault ground for divorce in the state, meaning that it can be used as a reason for filing for divorce. However, it is important to note that Arkansas does not obligate you to provide proof of adultery in order to file for a divorce.
Grounds for Divorce in Arkansas
When seeking a divorce in Arkansas, you must state a reason, commonly referred to as "grounds," for the divorce. The state recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, cruelty, abandonment, and addiction, whereas no-fault grounds include "general indignities" and "separation for 18 months or more."
How Does Adultery Affect Your Divorce?
Adultery can have a significant impact on your divorce proceedings in Arkansas, especially if you choose to cite it as the grounds for your divorce. If you decide to go this route, you might be required to provide evidence to substantiate your claim that your spouse engaged in sexual relations with someone else. This evidence could range from witness testimony and photographs to text messages and other communications.
Should you successfully prove your spouse’s adultery, it can influence various aspects of your divorce. For instance, the judge may take the adultery into account when making decisions regarding property division, alimony, and child custody. Additionally, the amount of alimony awarded might be affected, as the spouse who committed adultery may be viewed as having contributed to the breakdown of the marriage.
The Importance of Hiring an Attorney
Given the complexity of divorce proceedings and the potential impact of adultery on your case, it is crucial to seek the guidance of an experienced family law attorney if you suspect your spouse is cheating on you and are considering a divorce in Arkansas. By consulting an attorney, you can gain a comprehensive understanding of your legal rights and available options, and navigate the intricacies of the divorce process more effectively.
In addition to assisting you with filing for divorce, an attorney can help you gather compelling evidence of your spouse’s adultery, negotiate a settlement on your behalf, and provide representation in court. With their expertise, a skilled attorney can significantly enhance your prospects of achieving a favorable outcome in your divorce.
Conclusion
In conclusion, if you find yourself facing the possibility of a divorce in Arkansas due to your spouse’s infidelity, it is essential to comprehend the legal implications of adultery and its potential impact on your divorce proceedings. Although Arkansas follows a no-fault divorce system, citing adultery as a reason for divorce can have significant consequences. To safeguard your rights and increase the likelihood of a positive outcome, it is crucial to collaborate with an experienced family law attorney who can provide invaluable guidance throughout the entire process.