In many cases, Pepperdine University Associate Visiting Professor of Sociology Dr. Loretta Kay, Ph.D., and Columbia University Business School Graduate School of Business Instructors Dr. Poornima Vijayashanker may be on to something. We, as a culture, have got this all wrong – life is more viable when it is understood as a goal than a lifestyle. If we, in the United States, think of goals rather than lifestyles, separating from our partners would go a lot more smoothly. Certainly, separating from a partner is not as easy as setting up a business – one cannot shove aside a relationship one day, simply because it doesn’t fit the goal one has laid out for him or herself. However, knowledge can level goals with lifestyles, whereby spouses can step from marriage to separation to singlehood, keeping ownership of their skills and assets intact, while doing so. With this in mind, we delve into the separation laws in Arkansas. A separation in the state of Arkansas means that a married couple no longer lives together, although they are still a legally wed couple – a head of household and a dependent. It is a way to live separately while freeing couples from some financial burdens and obligations. Essentially, legal separation allows for couples to file taxes individually, thereby lowering potential tax bills. It also allows for couples to reap several of the benefits of divorce without actually getting divorced. When separated, couples no longer rely on one another for their health and commercial insurance. Generally speaking, the spouse who does not carry the insurance will see rates fall by 30-100 percent due to the elimination of the providers’ high-risk clients. Couples do not have to sell property, life insurance, retirement plans and other assets, although the judicial system to determine ownership of these assets is costly and often entails months or years of legal wrangling.
The history of separation in this country has been uncomplicated, considering most states allow couples to separate informally without any input from the courts. This means, however, that most couples who are separated have no actual idea what rights they have or how their lives will be affected. Arkansas, although it once considered separation a part of its divorce statutes, now allows for a legal separation involving periods of non-cohabitation, which states its husband and wife can live apart, but remain married. Separation laws differ from divorce statutes in that you do not have to apply for separation in order to be separated – living apart with the intent to remain apart for an indefinite period is enough. For those considering legal separation, however, there are several reasons why filing a petition may be beneficial. In other words, inventive separation laws in Arkansas allow couples to split their lives up to a point without having to file for a complete divorce.
The United States Code Annotated Arkansas Statutes Anonymous Code Section 9-12-310 deals with legal separation in the State of Arkansas, allowing couples to file for temporary relief from alimony, child support and division of property. In some cases, an equitable division of debts and assets is determined. Husband and husband or wife and wife may file under “Diversity of Citizenship” if they: Under Arkansas law, the filing must include the grounds for separation, support issues, property issues, custody issues and attorney’s fees. Once the couple files for separation, a hearing is held before a judge to issue a decree regarding separation, custody, support and property. In some cases, couples who file for separation may qualify for divorce at a later date, depending on the circumstances of the legal separation.
Attorneys may help couples determine classifications for limitations on divorces in Arkansas and develop a plan under which they can separate and then divorce. It is important to differentiate a legal separation from a trial separation. A trial separation may be as simple as moving out for a few weeks or months during which time both parties can decide whether the separation is prudent. In this case, the couple generally signs a post nuptial agreement laying out the terms of their separation, finances, their children, and property in order to create a plan of action for the duration of the trial separation. A legal separation does not involve a trial separation and is in essence a divorce without the dissolution of the marriage. While a legal separation is less costly than a divorce, it can have long-term implications on a person’s ability to get assistance from the courts related to support or property. In most states, a couple must wait approximately six months after the filing of a legal separation before petitioning for divorce. In addition, the couple must come to an agreement on the legal separation terms. Alternatively, either spouse may petition the courts to resolve the issues related to the couple’s separation.
