When a couple makes the difficult decision to end their marriage, there are numerous factors that may come into play. One common reason for marital dissolution is infidelity, which can complicate matters significantly. Infidelity occurs when a spouse breaks the sacred vow of trust and faithfulness, and it can lead to emotional distress, financial strain, and psychological turmoil. In the state of Arkansas, if one spouse commits adultery, it can impact the legal outcome of the divorce case. In this comprehensive article, we will delve into how Arkansas Law views adultery and infidelity in divorce cases.
Embracing No-Fault Divorce
Arkansas follows the concept of no-fault divorce, which means that either spouse can file for divorce without having to provide a specific reason. The sole ground for divorce in Arkansas is when one spouse claims that the marriage is irretrievably broken with no chance of reconciliation. In a no-fault divorce, neither spouse needs to prove that the other was responsible for the breakdown of the marriage.
In the context of a no-fault divorce, extramarital affairs may not hold significant relevance during the divorce proceedings. The court’s primary focus is on the equitable distribution of marital property, determining custody arrangements for any children involved, and resolving other relevant issues. Consequently, if infidelity has contributed to the marriage’s deterioration, the court may assign less or more value to this aspect based on their discretion.
The Role of Adultery as Grounds for Divorce in Arkansas
Although some states recognize fault-based divorce, Arkansas does not consider adultery a legal ground for divorce. Put simply, a spouse seeking a divorce based on adultery must also indicate that the marriage is irretrievably broken.
However, there are instances when the court takes adultery into account while dividing marital property or deciding on alimony payments. This typically occurs when the court believes that the affair has negatively affected the welfare of any children involved or has caused economic harm to the innocent spouse.
The Impact of Adultery on Property Division
During property division in Arkansas, the court first distinguishes between marital and separate property. Marital property encompasses assets that legally belong to both spouses, while separate property includes assets brought into the marriage or acquired through inheritance or gifts.
In general, adultery does not have a direct impact on property division in Arkansas. However, it may influence the proceedings if the non-adulterous spouse incurred significant debt, and the extramarital affair directly contributed to that debt.
The court may also award more assets to the innocent spouse or permit them to retain the marital home, depending on various factors. These factors may include the value of the affair, the duration of the marriage, the economic circumstances of both spouses, and other pertinent considerations.
The Role of Adultery in Spousal Maintenance
Adultery can influence the court’s decision regarding spousal maintenance, also known as alimony, in Arkansas. If the discovery of the affair, for instance, caused the innocent spouse to experience decreased productivity or struggle to maintain employment, the guilty spouse may be required to provide spousal support. The court may also order support payments for the innocent spouse based on the duration of the affair and the impact it had on their emotional well-being.
The Effect of Adultery on Child Custody
In Arkansas, adultery does not directly impact child custody arrangements as long as the affair has not adversely affected the child’s best interests. While the court discourages adultery and acknowledges its implications on the moral character of the guilty spouse, it assumes that the extramarital affair does not necessarily impact the parent’s ability to provide competent care.
However, if the affair has a detrimental effect on the guilty spouse’s capacity to maintain a healthy family environment or leads to neglect of the child, the court may consider it in their custody decision-making process.
In Conclusion
Navigating the complexities of adultery in divorce cases can be challenging. In Arkansas, adultery is not a recognized ground for divorce, but it can significantly influence the division of marital property, spousal support determinations, and child custody decisions. Therefore, if you find yourself going through a divorce in Arkansas and suspect that your spouse has been unfaithful, it is advisable to seek guidance from a knowledgeable divorce attorney. They can provide valuable insight into your legal options and help you navigate the intricacies of the legal system.