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- Get an Annulment in Arkansas
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Grounds For Divorce
If you are seeking to dissolve a covenant marriage, you are required to state that request in your petition. The circuit court can grant a separation or divorce for the following causes (grounds for divorce):
- Either party, at the time of the contract, was and still is impotent
- Conviction of a felony or other infamous crime
- Demonstrated an addiction to habitual drunkenness for one (1) year, will be guilty of such cruel and barbarous treatment as to endanger the life of the other, or will offer such indignities to the person of the other as will render his or her condition intolerable
- Commit adultery after the marriage occurs
- The court will grant a divorce if the parties have lived separately for 18 continuous months, regardless of fault or cause by either spouse
- When one party has lived apart from the other because of insanity, for three years or more. Should one of the parties be deemed insane, the other spouse will be required to care for and financially maintain that person for the duration of the insane person’s life and,
Should the service of process be considered on the insane spouse, the petitioner is required to make service to a recognized guardian, guardian ad litem, or institution charged with that person’s care.
Don’t confuse grounds for divorce with the annulment process in this state. See the annulment section on this page for the differences.
If you have not lived apart for at least 18 months or if you are in a covenant marriage, you must prove grounds such as adultery, habitual alcohol abuse, felony conviction in order to be divorced.
The court may set aside a covenant marriage or divorce from bed and board (separation) for one or more of the following causes:
1. When either party, at the time of the contract, was and still is impotent.
2. When either party shall be convicted of a felony or other infamous crime.
3. When either party has been:
- addicted to habitual drunkenness for one (1) year
- guilty of such cruel and barbarous treatment as to endanger the life of the other; or
- has offer such indignities to the person of the other as will render his or her condition intolerable
4. When either party will have committed adultery subsequent to the marriage.
5. When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, whether the separation was voluntary of not.
6. Three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them.
7. When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.
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