A simple divorce?

[moogles1212]

What is the name of your state (only U.S. law)? Arkansas (Johnson County)

Hello, I appreciate you taking the time to read this and possibly add any useful information for me.

Here's my story in a nutshell.
My wife and I are married for 1 year and 6 months (and some change) now, and things went sour, really fast, and really bad. At the end of our relationship (on December 5 this past year) I found out that she was having a hidden relationship of sorts with another man living in Illinois (17 years old, no physical contact yet, strictly internet/phone relationship including "cybersex" and sexual solicitation in the form of nudity in pictures, that I cannot exactly prove.)

I moved out the day after finding this out, but I have no verifiable proof other than a few of her chat logs from the PC and a few of her diary entries (typed, not handwritten). So having an 'Adultery' grounds for divorce is kind of out of the question right? She says she'll fight me all the way and dispute that everything I have as evidence could have been made up/planted by me.

But she is willing to get a divorce as much as I am, and we are both willing to file one under "mutual understanding" if that's possible? She has 2 children that aren't mine (before I came along, I have no custody or rights, nor do I want any), and neither of us have any property (or vehicles). It would be undisputed because neither of us wants anything from the other, like property, vehicles, or any other asset. She lives in government funded housing and I am living with my parents as of right now. Basically we just want to be rid of each other as quick as humanly possible, for the lowest cost possible, because neither of us really have a spare penny to our name.

So my questions are: Do we qualify for a divorce in AR under a "mutual understanding" or do we need other grounds? I have done a lot of research and every other site tells me something different about it.

If we cannot get one for "mutual agreement", I fear that I'll have to wait 18 months from Dec. 5th to file. If the mutual agreement isn't an option, do I have any other options to speed this process up?

 

[mistoffolees]

First, forget the adultery. Adultery (at least as far as divorce is concerned) requires penetration and that doesn't happen in cybersex. Furthermore, it doesn't sound like you have any real, admissible evidence, anyway.

Arkansas law on mutual understanding is a little odd. This is basically a no-fault ground for divorce, but requires that the partners mutually agree that the divorce is over due to the fault of one or both of the partners. I THINK that if you both say that you want the marriage to be over, then you should be able to use this, but see a lawyer familiar with Arkansas law. You may have to agree to some 'fault' like failure to communicate.

Since you're doing it yourselves without an attorney, you can always file with the mutual understanding process and hope for the best. If it doesn't work, you're no worse off than if you wait.

 

[moogles1212]

ah

Well first I'd like to say thank you very much for taking the time to reply to me, I appreciate it very much.

And you're right, I don't have any evidence to fully support "adultery" but I do have picture logs from (brand name withheld) Keylogger that I put on her PC, back when I first found out about the situation and I didn't want to be left in the dark anymore. A good friend told me that it could be legal evidence if I recorded everything correctly. And if this is true, I hold a CD that could potentially put her away in prison and she would technically become a sex offender for the rest of her life.

However, I did contact a family practice attorney today and he did say that we could both consent and file an "undisputed mutual divorce" or something to that effect, and he'd charge us 500 bucks for the whole "shebang" including all costs. I know she's willing to sign the papers and be done with it ASAP as much as I am. So this is the easiest and quickest possible way to do it I think, considering I haven't got the first clue as to how to even begin using the court systems to my advantage.

But I thank you again for your time and effort and brainpower, it is very much appreciated! Hope you have a wonderful day.

 

[mistoffolees]

Well first I'd like to say thank you very much for taking the time to reply to me, I appreciate it very much.

And you're right, I don't have any evidence to fully support "adultery" but I do have picture logs from (brand name withheld) Keylogger that I put on her PC, back when I first found out about the situation and I didn't want to be left in the dark anymore. A good friend told me that it could be legal evidence if I recorded everything correctly. And if this is true, I hold a CD that could potentially put her away in prison and she would technically become a sex offender for the rest of her life.

Forget it. How do you prove it was her doing those activities and not you (or someone else). Furthermore, since she apparently never followed through and met the person, I'm not sure that she'd be spending time in jail, either.

Just move on with your life. You've agreed to part, so focus on getting your own life in order rather than punishing her.