Many states will have a mandatory waiting period in place before the divorce can be entered or procured.  This is so in order to allow ample time for any potential reconciliation, and so a divorce cannot be granted on an emotional whim.  Some states even have mandatory separation periods associated with no-fault divorces.

The nuances between a no-fault and non-fault divorce won’t be discussed here, but many states see a distinction in the ability to obtain a no-fault divorce and want to allow for the possibility of saving the marriage prior to the divorce being granted.

Waiting Periods: Divorce Lawyer Texarkana

In Arkansas, there is a waiting period of 18 months of non-cohabitation if a couple wants a true no-fault divorce.  However, even with grounds, there is still a 30-day waiting period in Arkansas.  There is a “catch-all” ground in Arkansas commonly known as “general indignities” that allows for the court to grant a divorce on the grounds of a party treating the other “with such indignities” as to make the other’s life intolerable.  A party can plead that the other has treated him or her with indignities that consist of studied neglect, ridicule, insult, and abuse, and that they have been systematically and habitually pursued against him or her.

Many still consider Arkansas to be a divorce mill state, as the state only requires residency for 60 days prior to filing for divorce.  In Texas, there is a waiting period of 60 days after filing for divorce before it can be granted.  The “ground” used in Texas for no-fault divorce is entitled insupportability (commonly known as irreconcilable differences).

In Louisiana, there are wide variables.  If the parties live separate and apart, there is a 180-day separation period (six months).  If there are children involved, the waiting period is 365 days.  However, if adultery is involved, there is no waiting period at all in Louisiana.

Covenant Marriages: Divorce Lawyer Texarkana

A covenant marriage is a legally-distinct type of marriage that is recognized in three states: Arkansas, Louisiana, and Arizona, in which the marrying spouses agree to seek pre-marital counseling and accept limited circumstances in a potential divorce.  In the event a couple has a covenant marriage, waiting periods can also vary.  In Louisiana, there is a 2-year waiting period to divorce in a covenant marriage.  In Arkansas, certain grounds have to be proven, and then the waiting period is 2 years (2.5 years if children are born of the marriage, and 1 year if abuse is involved).

Other states have no waiting period at all.  It’s important to consult with an attorney in your jurisdiction to confirm the waiting period for a divorce in your state.  As a divorce lawyer Texarkana respects might attest, it is imperative to hire a veteran litigator and experienced family lawyer when considering a divorce.


Related Posts