Does Adultery Affect Divorce in Arkansas?
Discovering that your spouse has been unfaithful can make an already difficult marriage even more complicated. If you are considering divorce in Arkansas, you may wonder whether adultery will affect your divorce, your property, alimony, or child custody.
The short answer is yes, adultery can affect an Arkansas divorce, but it does not automatically determine how every issue will be decided.
Arkansas recognizes adultery as a ground for divorce. However, the effect of an affair can depend on the circumstances of the marriage, the evidence available, and the specific issues involved in the divorce.
Is Adultery a Ground for Divorce in Arkansas?
Yes. Arkansas law allows a spouse to seek a divorce based on adultery.
Unlike a no-fault divorce based on separation, a divorce based on adultery is a fault-based ground for divorce. The spouse claiming adultery generally has to provide sufficient evidence to establish the legal ground.
This can make documentation and evidence important when adultery is part of a divorce case.
However, proving that a spouse was unfaithful does not mean that the court will automatically award the innocent spouse everything in the divorce.
Does Adultery Affect Property Division in Arkansas?
Adultery does not automatically mean that the spouse who cheated will receive less marital property.
Arkansas generally requires marital property to be divided equally unless the court determines that an equal division would be inequitable. When deciding whether an unequal division is appropriate, the court may consider several factors involving the circumstances of the marriage and the parties.
For example, issues such as the length of the marriage, each spouse's economic circumstances, contributions to the acquisition of property, and other relevant factors may be considered.
What if a Spouse Spent Marital Money on an Affair?
This can be different from simply having an affair.
If a spouse used marital funds to pay for hotels, gifts, travel, entertainment, or other expenses connected to an affair, those financial transactions may become relevant to the divorce.
Your attorney can help determine whether those expenses should be considered when addressing the division of marital assets or other financial issues.
Can Adultery Affect Alimony in Arkansas?
Adultery does not automatically prevent a spouse from receiving alimony.
Alimony, also called spousal support, is determined based on the financial circumstances and needs of the parties. The court can consider factors such as the requesting spouse's financial needs and the other spouse's ability to pay.
Because alimony can involve complicated financial questions, an affair should not be viewed as an automatic rule that determines whether support will be awarded.
If adultery is part of your divorce case, it is important to discuss the specific circumstances with an Arkansas divorce attorney rather than assuming the affair will automatically decide the issue.
Does Adultery Affect Child Custody?
An affair by itself does not automatically determine child custody in Arkansas.
Arkansas courts make custody decisions based on the best interests of the child. The court's primary concern is the child's safety, stability, welfare, and relationship with each parent.
However, the circumstances surrounding an affair could become relevant if they affect the children.
For example, concerns may arise if a parent's behavior:
- Places the child in an unsafe situation
- Exposes the child to inappropriate circumstances
- Interferes with the parent's ability to care for the child
- Creates significant instability in the child's life
- Involves other conduct that affects the child's well-being
The important distinction is that the court is concerned with how the conduct affects the child, rather than simply punishing a parent for being unfaithful.
How Do You Prove Adultery in an Arkansas Divorce?
If adultery is being used as a ground for divorce, evidence may be important.
Depending on the circumstances, evidence could include communications, photographs, financial records, witness testimony, travel records, or other information that helps establish the alleged conduct.
You should be careful about how you obtain evidence. Accessing another person's private accounts, devices, or communications without authorization could create separate legal problems.
If you believe your spouse is having an affair and you are considering an adultery-based divorce, speak with an attorney before taking steps to investigate or collect evidence.
Should You File for Divorce Based on Adultery?
Every divorce is different.
Choosing adultery as a ground for divorce may make sense in some circumstances, particularly when there is reliable evidence supporting the claim. In other situations, pursuing a divorce based on another available legal ground may be more practical.
The decision can depend on your goals, the evidence available, your financial circumstances, children involved, and the other issues that need to be resolved.
An experienced Arkansas divorce attorney can help you understand your options before you decide how to proceed.
What Should You Do If Your Spouse Cheated?
If you recently discovered an affair and are thinking about divorce, try not to make major decisions while emotions are running high.
Consider taking these steps:
- Gather important financial documents. Keep copies of bank statements, tax returns, property records, retirement account statements, and other relevant financial information.
- Document information appropriately. Preserve information that you already have lawful access to without attempting to hack or unlawfully access your spouse's accounts.
- Protect your finances. Understand your household income, debts, assets, and regular expenses.
- Think about your children. Keep their needs and stability at the center of decisions involving custody and parenting.
- Talk to an Arkansas divorce attorney. An attorney can explain how the facts of your situation may affect your divorce.
Talk to an Arkansas Divorce Attorney
Adultery can add another layer of complexity to an already difficult divorce. While it may provide a legal ground for divorce in Arkansas, it does not automatically determine property division, alimony, or child custody.
If your marriage is ending because of infidelity, understanding your legal rights before making important decisions can help you move forward with greater confidence.
Cornerstone Law Firm helps individuals and families navigate divorce and other family law matters in Arkansas. If you are considering divorce or have questions about how adultery may affect your case, contact Cornerstone Law Firm to discuss your situation.
Frequently Asked Questions
1. Is adultery a legal reason for divorce in Arkansas?
Yes. Adultery is one of the grounds for divorce recognized under Arkansas law. A spouse seeking an adultery-based divorce generally must establish the required legal elements with sufficient evidence.
2. Does cheating mean I get more money in an Arkansas divorce?
Not automatically. Arkansas generally divides marital property equally unless the court determines that an equal division would be inequitable. Adultery alone does not guarantee a larger share of marital property.
3. Can a cheating spouse lose custody of the children?
Not simply because they committed adultery. Arkansas custody decisions are based on the best interests of the child. An affair may become relevant if the circumstances surrounding it affect the child's safety or well-being.
4. Can adultery affect alimony?
Adultery does not automatically determine whether alimony will be awarded. The court considers the circumstances relevant to spousal support, including financial need and the ability to pay.
5. Should I use adultery as the reason for my divorce?
That depends on your circumstances and the evidence available. An Arkansas divorce attorney can help you understand the potential advantages and disadvantages of pursuing an adultery-based divorce.
6. Do I need evidence of adultery to file for divorce?
If you are relying on adultery as the legal ground for divorce, evidence supporting the allegation is important. An attorney can explain what evidence may be relevant and how to obtain and preserve it appropriately.
