# Few AR divorce Questions



## sheldon64 (Mar 24, 2018)

If you have any information I would greatly appreciate it.

I live in Arkansas and I am going to divorce my wife. We rent a house, her car is paid off, my car payments are low, no kids, I have a cheap motorcycle, she makes maybe $6k less than me annually and my name is on everything. Preferably we'll do uncontested and hire a mediator but worst case I want to be prepared. We don't meet a fault divorce so I would have to wait the 18 months.

I am moving out of the house, can I stop paying rent? Either forcing her to move our or take over payments?

Being separated for 18 months doesn't mean we have initiated the divorce correct?

How is the 18 months separation provable?

What happens after the 18 months? Just like a fault divorce?

Any consideration on moving to another state for faster wait times?

Can a court order me to pay her bills since I always have if we haven't initiated a divorce?

What is considered marital funds? The only thing we share is a savings account with $100, everything else is purchased with money I make.

That's all I have, I would really appreciate any help. I have done some research but not found answers. Thank you.


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## EleGirl (Dec 3, 2011)

How long have the two of you been married?


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## EleGirl (Dec 3, 2011)

sheldon64 said:


> If you have any information I would greatly appreciate it.
> 
> I live in Arkansas and I am going to divorce my wife. We rent a house, her car is paid off, my car payments are low, no kids, I have a cheap motorcycle, she makes maybe $6k less than me annually and my name is on everything. Preferably we'll do uncontested and hire a mediator but worst case I want to be prepared. We don't meet a fault divorce so I would have to wait the 18 months.
> 
> I am moving out of the house, can I stop paying rent? Either forcing her to move our or take over payments?


No you cannot force her out of the house because it's as much her legal residence than it is yours. But you can move out.



sheldon64 said:


> Being separated for 18 months doesn't mean we have initiated the divorce correct?


You need to get a sit down appointment with a lawyer and ask these questions. Generally lawyers will give a free half hour appointment so you can interview then and see if you want to hire them. So find 2 or 3 lawyers and talk to them. 

Also, there ae books sold at places like Amazon for each state to cover divorce in that state. You might want to get one of them.

In most states you can file for divorce when you separate but then the divorce is not final until the waiting period. Ask a lawyer.



sheldon64 said:


> How is the 18 months separation provable?


At your new place, get mail and utilities bills at that address.



sheldon64 said:


> What happens after the 18 months? Just like a fault divorce?


No-Fault:
(1) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties. (Arkansas Code - Title 9 - Chapters: 12-301) 



sheldon64 said:


> Any consideration on moving to another state for faster wait times?


There are a few states that have no residency requirements and no waiting period. But if only you move, she can probably claim that AR has jurisdiction because it was where you lived with her until shortly before you moved.



sheldon64 said:


> Can a court order me to pay her bills since I always have if we haven't initiated a divorce?


Yes it can. But since she earns only $6K less than you, they probably will not. You will have bills too so the court will take both of your bills and income into consideration.



sheldon64 said:


> What is considered marital funds? The only thing we share is a savings account with $100, everything else is purchased with money I make.


Everything except what you had before you married and any inheritance that was no comingled with community assets.



sheldon64 said:


> That's all I have, I would really appreciate any help. I have done some research but not found answers. Thank you.


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## sheldon64 (Mar 24, 2018)

We have been married 8 years.

I planned to tell her about my thoughts then give her a week to decide how she wants to act, the divorce is happening regardless though.

I didn't know what "absolute decree of divorce" meant. I was looking for information before letting her know and don't want to hire a lawyer unless worst case.

The way I see it there's two options, she can agree to act civil, we split the stuff without much court time, I pay for her stuff for several months to set her off right or option two where she wants to disagree (out of spite) where I move out, stop paying bills and force her to hire an attorney and initiate the divorce. I'm moving out regardless, already moved a ton of stuff to my parents (she doesn't notice anything I do, part of why this is happening.)

I might look around for a free consultation, otherwise I don't want to spend money until I know how she plans to handle this.


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## chillymorn69 (Jun 27, 2016)

Get a lawyer.


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## Thor (Oct 31, 2011)

Definitely go talk to a lawyer. Use the free consultation to get your basic questions answered.

There is no requirement to hire a lawyer to do all of the work. Since you have no kids, no home, and no businesses, it should be a pretty simple divorce. You can probably do all of the paperwork yourself. If there were complications like kids or a jointly owned business, then it is complicated enough to pay an attorney to be sure the paperwork is perfect.

The other reason to hire a lawyer is to navigate the courtroom if it is a contested divorce.

Since you don't have complications and you don't expect it to be contested, you may not need to hire a lawyer. But it isn't expensive to have one to review paperwork. It is free to have the initial consultation, and it is really important you have good information and advice going into this process. You should at the least go do a free consultation so you can get accurate information. For example, there may be a simple form to file which creates a legal separation. Or maybe it makes sense to just file the divorce immediately to get the 18 month clock started. The lawyer can easily give you the answers you need.


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## Rowan (Apr 3, 2012)

sheldon64 said:


> The way I see it there's two options, she can agree to act civil, we split the stuff without much court time, I pay for her stuff for several months to set her off right or *option two where she wants to disagree (out of spite) where I move out, stop paying bills and force her to hire an attorney and initiate the divorce*. I'm moving out regardless, already moved a ton of stuff to my parents (she doesn't notice anything I do, part of why this is happening.)


On the bold, it seems like the plan is that either she agrees to everything or you're going to stop paying the bills and force her to file for the divorce. Is that really the plan? 

If so, then I have to wonder if you are more interested in being divorced and done with her, or in trying to punish her? Because trying to force her to be the one to file may just result in you continuing to be married for much longer than you might otherwise be. That has all the makings of a long, protracted, expensive, and majorly antagonistic divorce. 

How about a more efficient option? Either she agrees to your amicable terms for a quick divorce through mediation, or _you_ hire an attorney to get yourself the quickest divorce and most advantageous settlement you can get. It might not feel as satisfying in the short term, while you're feeling particularly vindictive, but in the long term this will be over with much faster and you will be free much sooner at much less financial and emotional cost. So, do you want to be vindictive, or do you want to be divorced? You can be both, but it's going to cost more and take longer.


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## Tron (Jan 31, 2013)

You have a perfect situation for a quick and clean divorce, but 18 months seems like a long time to wait. If you are dead set on staying in Arkansas, then talk to a lawyer there and make plans to move out to start the "separation".

If you can get your W on board with it, you could move out of state to somewhere where no fault divorces happen quicker. Each state has there own residency requirements. Texas requires 6 months before you can file, no separation necessary. There is a 60 day waiting period before the D would be granted. You could be done there in 8 or 9 months. 

Sounds like Missouri is even quicker. 90 days residency and 30 day waiting period. 4 to 5 months from start to finish.

The only problem moving somewhere else is that unless your W agrees to it, the courts in those other states probably wouldn't have personal jurisdiction over her. If she'll agree to accept service and jurisdiction, then you can get the divorce done pretty quickly.

I guess more importantly, why doesn't she know that a D is coming?


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## Taxman (Dec 21, 2016)

First of all, laws vary from jurisdiction to jurisdiction. It would serve you well to see a lawyer and then you will know what your rights are in this matter. Whatever you do, document. Make notes of the day you separated, make notes of everything she tells you or you fight about. If you can, record your conversations. Photograph any evidence and turn everything over to your legal representative. Even if you think something does not matter, you would be surprised at the evidence that comes out of little things that don't really matter.

All of your questions are valid, it is just that the answers vary according to where you live.


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## sheldon64 (Mar 24, 2018)

Thank you everyone for the replies, I will start going around to get some free consultation.

I do plan to record all our conversations, take a video of our house the way it is before I leave, etc. 

I definitely do not want to be vindictive, I just want to separate and make it as easy as quick and easy as possible for the both of us. The "quick" thing is just so I don't have to think about it, I don't have anything else going on. I'm more willing than most to lay over and give her what she wants even though I've provided everything for her most our marriage but I also don't plan to be trampled on. I will have to see how she reacts.


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