no fault divorce

Ark Code Ann 9-12-301

Most of us are familiar with how easy it is, moderately to secure a divorce. In days gone by, it was quite difficult, especially because of the required proof of physical or mental cruelty, abuse, adultery and the like. Then in the 70s, there was widespread change through the various states, allowing for what is called “no—fault” divorce. California would be an example. In this state, one need only prove irreconcilable differences, which is indeed a very low threshold approved. As a matter fact, no one would go through a divorce anyway unless there were such irreconcilable differences in the first place.

200px-Seal_of_Arkansas.svgBut let us look at the State of Arkansas. This is one of the few states in which good cause must be proven in order to secure a divorce. And the grounds are laid out in Ark Code Ann 9-12-301. Let us examine some of them to get a grasp on how this can be accomplished.

Ark Code Ann 9-12-301Ark Code Ann 9-12-301 indicates there is no such thing as no-fault divorce in this State. Instead, there must be allegation and proof of one or more of the following in order to secure such a divorce: one party is impotent, conviction of a felony or other infamous crime, addiction or habitual drunkenness for at least one year, cruel and barbarous treatment so as to endanger the life of the other, offering indignities which make the household intolerable, adultery, or whether the husband and wife have lived separately and apart for 18 continuous months or more without cohabitation.

Alternative grounds are if the husband and wife have lived separate and apart for three consecutive years without cohabitation because of the incurable insanity of one. This requires evidence of from at least two reputable physicians.

As can be seen from the above, probably the easiest proof is to show that the parties have not cohabitated for 18 continuous months or more. That way good cause need not be proven– it is simply a question of the lapse of time.

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