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Does Arkansas Have Legal Separation

To file for divorce or legal separation in Arkansas, at least one spouse must live in Arkansas for 60 days and the filing must be made in a county where at least one of the spouses resides. Once the application has been filed, divorce or legal separation cannot be pronounced until at least 30 days after filing. If you have children, the court may require you to take parenting courses or mediation before approving a legal separation or divorce agreement. In Arkansas, legal separation is particularly complicated because the state recognizes two types of marriages and three types of legal separations, so negotiating a separation agreement requires knowledge of state law and good negotiation skills. In Arkansas, there are legal separation laws that are unique to the state. (Family law is included in Title 9 of the Arkansas Code, Chapter 12.) The separation path a couple uses depends on their preferences and the type of marriage the spouses have contracted. When the marriage is actually over, the next decision is the type of divorce to pursue. Under Arkansas law, there are two types of divorce: absolute divorce and divorce from bed and food. This is a situation where good legal representation can help.

Legal separation is usually requested by the couple for the following reasons. A divorce lawsuit begins with filing a complaint, but that doesn`t mean it will end with a lawsuit. It also doesn`t mean you have to have costly court battles and long delays. Most divorces in Arkansas are resolved by a court without a final divorce hearing. Usually, competent lawyers can work with you to reach a final settlement. This prevents a third party (judge) from hearing your case for a few hours and then identifying the important issues that will affect you and your children for years to come. In a federal marriage, before you can get a legal separation order, you must first follow the necessary advice and then provide proof that your spouse has committed adultery, committed a crime, and has been sentenced to prison, or abused you physically or sexually. You can also get a legal separation if you and your spouse have been separated for at least two years, or if your spouse has a habit of being drunk for at least a year or has treated you with cruelty or humiliation. The Arkansas Code states that the husband or wife must reside in the state for at least 60 days before filing for divorce or legal separation. A degree of divorce or separation may be issued no earlier than 30 days after the filing of the application.

The application is filed in the district where the spouse resides. In some special cases, the court allows you to share a house but live in separate rooms. If you live together, it is a violation of the law. Thus, the judge can reject your request for separation. In Arkansas, there is a residency requirement in addition to the above requirement. For the residency requirement, at least one spouse must meet Arkansas` 60-day residency requirement before filing a legal separation. There is a 30-day waiting period during which the court can take action at your request. Complete the required documents. To initiate a separation procedure, you must prepare an application for legal separation. The application must state that you are seeking legal separation for one of the following reasons: adultery, spouse is a convicted criminal resulting in death or life imprisonment, physical or sexual abuse of the spouse and/or children, two years of separate life without reconciliation or habitual drunkenness. A limited divorce is different from an absolute divorce because it does not end the marriage. A couple who have received a limited divorce – or a “bed and food” divorce – cannot remarry.

Arkansas law does not favor any parent. This has been a fact for many years, but I still hear it regularly. Custody and access are based on the best interests of the child and depend on the facts and circumstances of your particular case. This does not change simply because the child is an infant or a toddler. Although state law does not require the hiring of an attorney, it is good to use the services of an experienced and professional service to fully know the separation process. Online help is also available. For this purpose, you can visit our website. Regardless of the type of marriage you have in Arkansas, it is necessary to live separately from your spouse for a certain legal period of time. Living apart means that some couples choose to live separately and separately, but prefer that their marital status remain “legally married,” as is the case with legal separation in the state of Arkansas. Legal separation is similar to divorce in that the couple leads a separate life, but due to their legal marital status, they can still benefit from being covered by their spouse`s health insurance and being able to file tax returns as a married couple.