Divorce

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Arkansas is not a "no-fault" state, meaning that Arkansas law requires that you prove that you have "grounds" for a divorce. Unless you can prove to the court that you have been separated from your spouse for 18 continuous months without having sexual relations with your spouse, you must prove "grounds." This usually means that you must prove some misconduct by your spouse.

It is important to note that if your spouse "contests" your grounds for divorce, you must have a witness testify about some fact or circumstance to convince the judge that your accusations are true. In other words, if your spouse contests that you have grounds for divorce, your word alone will not be enough. You will have to bring a witness to back you up on at least part of your accusations.

If your spouse does not "contest" that you have grounds for divorce, you still will have to bring a witness with you to court, but that witness need only be prepared to testify about where you and your spouse have lived (or simply where you have lived, if you are a resident of Arkansas) and about how long you and your spouse have been separated. The witness will need to be able to testify from his or her own personal knowledge and not just from what you have told the witness.

If you are the person filing for divorce, the case must be filed in the county where you live. If you live outside the state of Arkansas, it must be filed in the county in Arkansas where your spouse lives.

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