Chicago, IL asked in Divorce for Arkansas

Q: Is it illegal for me to date (not live together) while going thru a divorce? He left after he was arrested

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1 Lawyer Answer
Stewart Whaley
Stewart Whaley
  • North Little Rock, AR
  • Licensed in Arkansas

A: In Arkansas, adultery (assuming "dating" includes intercourse) is grounds for a divorce, but not a criminal offense.

Note, if you are in the military adultery is a criminal offense under the Uniform Code of Military Justice. See also, AR Code § 12-64-848 (2017).

However, I don't really see positives come from dating during a divorce, but a lot of negative (fights that run up attorney fees, violence (sometimes extreme), custody/visitation issues, etc.).

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