In Arkansas, like in most states, a divorce can be initiated by either spouse. This means that one spouse can file for divorce even when the other spouse refuses, however, that does not mean that the other spouse has no say in the divorce proceedings.
What Grounds can be Presented in a Divorce Decree?
In Arkansas, there is no such thing as a “no fault divorce.” In order to get a divorce, one of the following must be presented as grounds for the divorce case:
- Cruel Treatment
- Abandonment for One Year
- Imprisonment for Three Years
- Habitual Drunkenness or Drug Abuse
- Confinement in a Mental Hospital for Five Years
- Insanity at the Time of the Marriage
- Irreconcilable Differences
Contested vs. Uncontested Divorce
If your spouse has filed for divorce on any of these grounds, you have the right to a contested divorce.
To do this, you will need to file a response to the divorce petition and state your reasons for contesting the divorce.
The court will then hold a hearing to determine whether the grounds for divorce have been met.
Will the Court Still Grant the Divorce Papers When it is Contested?
It is important to note that, in Arkansas, the court can grant a divorce even if one spouse does not want the divorce.
If the court finds that the grounds for divorce have been met it can grant the divorce and make decisions about issues such as child custody, child support, alimony, and division of property.
Before Starting the Divorce Process
It is also important to consider the reasons why your spouse wants a divorce.
If there are underlying issues in your marriage, such as communication problems or infidelity, it may be worth seeking counseling or therapy to try to address these issues and potentially save your marriage, and also save yourself precious time and energy through the divorce process.
Contesting vs. Refusing Divorce
In summary, while you cannot simply refuse to divorce your spouse, you do have the right to contest the divorce and present your case to the court.
If your spouse has filed for divorce and you do not agree with the grounds presented, it is important to seek legal advice as soon as possible and find answers to help you moving forward.
An experienced divorce attorney can help you understand your rights and legal options and advise you on how to proceed.