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Learn how adultery affects divorce proceedings in Arkansas, from asset division and alimony to child custody and support. Discover the legal definitions of adultery, the evidence required to prove infidelity, and how Arkansas courts handle fault-based vs. no-fault divorces involving cheating. Get insights on navigating divorce after infidelity, and explore your legal options in this challenging situation.
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Adultery can significantly impact divorce proceedings in Arkansas, especially when it comes to asset division, alimony, and child custody. While Arkansas allows for no-fault divorce, adultery is recognized as a fault-based ground that can affect the outcome of financial and custody arrangements. Understanding the legal consequences of infidelity can help you navigate the divorce process more effectively.
Adultery is legally defined in Arkansas as voluntary sexual intercourse between a married person and someone who is not their spouse. Because adultery is a fault-based ground for divorce, it must be proven in court if cited as a reason for ending the marriage.
If a spouse files for divorce on grounds of adultery, they must present clear and convincing evidence to prove the claim. Arkansas courts do not require direct proof of sexual intercourse but do require evidence that strongly suggests adultery occurred.
Simply suspecting infidelity is not enough—the burden of proof rests on the spouse making the claim.
Yes. While many people use the terms interchangeably, cheating is a broad term that includes emotional infidelity or inappropriate relationships. However, in Arkansas, adultery refers specifically to extramarital sexual intercourse and has legal consequences in divorce cases.
While no-fault divorce is available, filing on the fault-based ground of adultery can affect the legal outcomes of a divorce, particularly in these areas:
Arkansas follows equitable distribution laws, meaning that marital assets are divided fairly but not necessarily equally. Courts consider multiple factors, including the financial and personal conduct of each spouse during the marriage.
If adultery negatively impacted the marital estate, such as wasting marital funds on an affair, the court may adjust the division of assets to compensate the non-adulterous spouse.
Alimony (spousal support) is awarded based on financial need, but adultery can play a role in the court’s decision.
If marital assets were wasted on the affair, the court may compensate the other spouse through a higher alimony award or adjusted asset division.
Arkansas courts determine child custody based on the best interests of the child, and adultery alone is not a reason to deny custody. However, if an affair impacted parental responsibilities or created an unstable environment, it could influence custody decisions.
While adultery is not a direct factor in child custody, a parent’s overall behavior and stability are critical in custody decisions.
Arkansas calculates child support using state guidelines, which are based on the parents’ income and custody arrangement.
The primary focus in child support cases is ensuring the child’s financial needs are met, not the behavior of the parents.
Adultery is not a criminal offense in Arkansas. While some states still have laws criminalizing adultery, Arkansas treats it solely as a civil matter in divorce proceedings. Courts may consider adultery when dividing assets or determining alimony, but it is not punishable by law.
Direct evidence is rare, so courts often accept circumstantial evidence if it strongly suggests adultery occurred.
Arkansas allows both fault-based and no-fault divorce. If adultery impacted the marriage financially or emotionally, filing on fault grounds may provide leverage in property division or alimony. However, no-fault divorce is often faster and less contentious.
Choosing the right approach depends on your specific circumstances and how adultery impacted your marriage.
Adultery can complicate divorce proceedings, especially if it affects finances or custody. Consulting a family law attorney in Arkansas can help you understand your legal options and ensure a fair outcome.
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