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Legal Separation Introduction In Arkansas, the courts recognize separation agreements. A separation agreement is a legally binding agreement between you and your spouse that covers the period of time when you separate until the time that the divorce is finalized with the court.
If you're involved in a standard marriage (not covenant), and you would like a legal separation, you can file a petition for separation if you can prove that you and your spouse have lived separate and apart for at least 18 months.
Subchapter 8 - Covenant Marriage Act. § 9-11-808. Divorce or separation. (A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed.
A legal separation must be filed in the county where you currently live with your spouse or in the county where you and your spouse last lived. In addition, you must submit the application, the family relationship form and a signed settlement agreement. There is a filing fee for legal separation in Arkansas.
An example of the acceptable grounds for separation from a covenant marriage includes a felony conviction, physical abuse, or sexual abuse. You can also request a separation if you can demonstrate that you and your spouse have lived separate and apart, without reconciliation, for at least two years.