Learning about unfaithfulness during marriage can be heart wrenching. Betrayal can lead to different emotions, from anger to sadness, leaving one wondering what their next steps should be. For many, legal separation may come to mind as a way to take a break and evaluate their relationship’s future.
Legal separation gives partners the chance to live apart while remaining legally married. This arrangement can benefit those who need time to consider whether divorce is the right choice or for couples with religious or financial reasons for staying married.
How infidelity influences legal separation
In Arkansas, infidelity is considered grounds for divorce, but the laws surrounding legal separation can differ. There is no formal process for legal separation. Still, couples can enter into a “separation agreement” outlining the terms of their separation, such as:
- Child custody
- Property division
- Spousal support
While infidelity can be a catalyst for seeking a separation agreement, it is not a legal requirement for doing so. When deciding whether to pursue legal separation after infidelity, it’s essential to consider the practical implications.
- For some, legal separation is a period of reflection, allowing both parties to determine if reconciliation is possible.
- For others, it can be a step toward divorce.
But remember, couples remain married in the eyes of the law, meaning they cannot remarry unless they divorce.
Infidelity can also impact other aspects of a separation agreement, such as alimony or property division. While Arkansas is a no-fault divorce state, misconduct like cheating doesn’t usually affect the division of assets. However, the emotional weight of infidelity can influence negotiations between the parties.
Cheating can be a compelling reason to consider legal separation, especially if one needs time to process betrayal and determine the future of their marriage. Before making any rush decisions, it’s wise to consult with a legal team who can guide spouses through the process and help them explore the best path forward. Whether pursuing legal separation or moving directly to divorce, having proper legal support can make a difference.