Divorce and Marital Separation in Arkansas
Arkansas family law typically gives room for three options for marital separation—absolute divorce, limited divorce, and legal separation—which one you choose will depend on whether you plan to live separate and apart while remaining “legally married,” or if you intend to proceed to divorce to terminate the marriage.
Why is a Separation Agreement So Important?
Whether you choose legal separation or divorce, each requires agreements among the parties and court ruling. Separating couples use a Separation Agreement to outline each party’s responsibilities during the separation period, in terms of child support and child custody, property division and financial responsibilities. Creating your own Separation Agreement allows you to decide the terms for your separation, instead of the court deciding everything for you, providing the court deems the Separation Agreement fair and equitable.
Types of Marital Separation in Arkansas
Some couples decide to live separate and apart, but prefer their marital status remains “legally married,” as is the case with a legal separation in the state of Arkansas. A legal separation is similar to a divorce, in that the couple leads separate lives, but because of their legal marital status, they may still benefit from being covered on their spouse’s health insurance and able to file tax returns as a married couple. Legal separation is also an option for those whose religious beliefs are against divorce. Legally separated couples are not able to remarry.
Limited Divorce and Absolute Divorce
A type of legal separation in Arkansas known as a “limited divorce” is also known as a “divorce from bed and board,” and is usually entered into by couples who plan to live apart for the 12 months as required by Arkansas law, before an absolute divorce can be granted. Couples in a limited divorce cannot remarry, whereas an “absolute divorce” terminates the marital relationship. When an absolute divorce is finalized, the persons will no longer be legally married and are free to remarry.
Our website will help you create an Arkansas Marital Separation Agreement. We offer free on-line samples and templates of legal forms, including Marital Separation Agreements that make the process of Legal Separation in Arkansas that much faster.
Whether you live in Little Rock, Fort Smith, Fayetteville, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Bentonville, Pine Bluff or any other city in Arkansas, you can easily create your own Legal Separation Agreement above.