Legal separation allows married couples to live apart while staying legally married. In Arkansas, this process is called “separate maintenance.” It follows a procedure similar to divorce but does not legally end the marriage. Here’s how it works.
Filing a petition
One spouse files a Petition for Separate Maintenance with the court. This document outlines the reasons for separation and requests financial support, child custody arrangements, and property division. The petition must go to the county where either spouse lives.
Serving the other spouse
After filing, the petitioner must serve legal notice to the other spouse. A process server, sheriff’s office, or certified mail can complete this step. The receiving spouse must respond within a set time, either agreeing or contesting the terms.
Court hearings and agreements
If both spouses agree on terms, the court reviews the separation order and grants approval. If disputes arise over property, support, or child custody, the judge holds hearings and determines a fair arrangement. The court’s decision legally binds both spouses but does not dissolve the marriage.
Living separately under court orders
After the judge issues a separation order, both spouses must follow its terms. This includes financial support, child custody arrangements, and property division. The separation can continue indefinitely or convert into a divorce later if either spouse chooses.
Ending or converting the separation
A legal separation stays in effect until the couple reconciles or files for divorce. If they reconcile, they request the court to dismiss the separation order. If either spouse wants a divorce, they must file a separate petition for dissolution of marriage.
