Arkansas law provides for both no-fault and fault-based grounds for divorce. A divorce granted on no-fault grounds requires a finding by the court that there has been an irretrievable breakdown of the marriage and that the parties have lived separate and apart for eighteen (18) continuous months. This means neither party needs to prove wrongdoing or fault on the part of the other to obtain a divorce. The focus is solely on whether the marital relationship is beyond repair.
The availability of this option offers several advantages. It can streamline the divorce process, reducing legal costs and emotional strain. By eliminating the need to prove fault, parties may avoid contentious court battles over issues such as adultery or abuse. This can lead to a more amicable separation, particularly when children are involved. Prior to the widespread adoption of these grounds, proving fault was often a lengthy and adversarial process.
