Using An Authorized Agent To Submit A Request
Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in California that you have authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you use an authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to 4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the authorized agent signed permission to submit a request, verify your identity directly with us, and directly confirm with us that you provided the authorized agent permission to submit the request.
If youâre an authorized agent making a request you need to do the following:
provide a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to 4465 or
provide proof of signed permission along with a copy of your ID and have the consumer confirm with us that they provided you permission to submit the request by sending an e-mail.
Are Divorce Records Available To The Public In Arkansas
In accordance with the Arkansas Freedom of Information Act, divorce records are public records accessible by members of the public. However, this access is restricted in certain circumstances by state law to individuals named on the divorce records. The law also allows their descendants, spouses/partners, attorneys, and parents/guardians to access these confidential records.
In Arkansas, courts do not automatically seal divorce records. The parties involved in a divorce can however make a motion or file a request with the court for their divorce records to be sealed. The court, in making its decision, usually weighs the potential damage to the party making the request against the public right to open records. Some grounds for which this request can be granted include:
- To protect the identities of minors mentioned in the records
- To protect the privacy of the victims of domestic violence and child abuse
- To protect sensitive business and financial information
- To guard against false allegations arising from the divorce
Requesters must demonstrate âgood causeâ that their privacy, reputations, relationships, and/or employment will be affected unless the records are kept out of the public domain. In most cases, the court will only seal certain documents in the divorce file. In such cases, the divorce record may remain partially open. Arkansas courts are more likely to grant requests to make select documents confidential than completely seal divorce records.
Submitting A Verified Consumer Request
You have the right to submit verified consumer requests to know information or for deletion. The request to know can be for any or all of the following:
The response to a request for any of the categories above will cover the preceding 12 months. Please note that we are not required to provide personal information to you more than twice in a 12-month period. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request. We will only use personal information provided in a verifiable consumer request to verify the requestorâs identity or authority to make the request.
You can submit requests by calling or using ourwebform.
Requests to Know or Delete for Child Under the Age of 13: We accept requests for minors under the age of 13 if we can determine that it was submitted by a parent or guardian. If submitting such a request, please provide sufficient documentation to demonstrate that relationship.
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File Complaint With The Circuit Court
The complaint and three copies must be filed with the Circuit Court in the county where the petitioner or the defendant resides. Included with the complaint must be a Domestic Relations Cover Sheet and, if the case involves children, a Confidential Information Sheet. A fee of $165 will be charged to the petitioner unless an exemption has been granted by the court. After filing, the petitioner must ask a clerk to issue a Summons.
How Do I File For Divorce In Arkansas
To file for divorce in Arkansas, you will first need a Complaint for Divorce or a Petition. This is your document which tells the court that you want a divorce and why. It also tells the court what else you want .
You will also need a Summons, which tells your spouse that you have filed a legal action against him or her. The Clerk can issue the summons. The Summons, additionally, tells your spouse how long he/she has to answer your Complaint for Divorce.
You will also need to file a Domestic Relations Cover Sheet, which you complete with all of your and your spouses personal information. This sheet is kept separately in the Clerks office and it is not filed as a public record.
If children are involved in the divorce, you will also have to file a Confidential Information Sheet, which also asks for the parties personal information, as well as the childrens information. Like the Cover Sheet, the Clerk will keep this sheet separately and not file it with the Complaint for Divorce.
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Other California Privacy Rights
Californiaâs âShine the Lightâ law permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You can submit requests by calling or using ourwebform.
Company does not respond to Web browser âdo not trackâ signals or other mechanisms.
Other parties may collect personally identifiable information about your activities over time and across different Web sites when a consumer uses our Site or service.
How To Find A Divorce Record In Arkansas
Arkansas divorce records are files that consist of divorce decrees, divorce certificates, and other divorce-related files. They provide all important information about the divorce, such as the names of the parties and the terms of divorces. They are typically accepted as proof of divorces and needed for other legal purposes. Unless otherwise restricted, divorce records are available to the public in Arkansas.
Divorce records are considered court records. They may therefore be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce record, certificate, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
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What Is An Uncontested Divorce
An uncontested divorce is a much faster and simpler process because it requires you and your spouse to agree on all terms of your divorce before filing.
To file for an uncontested divorce, you need to create a divorce settlement agreement, also called a , which should cover the following:
By filing for an uncontested divorce, you can avoid costly lawyer fees and reach an out-of-court settlement.
What If I Am In The Military And Out Of The State Of Arkansas
If you are in the military, the residency requirements still apply to you. However, when you or your spouse files for divorce, whoever files needs to disclose if anyone is active military.
The reason for this is in case someone does not respond to the Complaint for Divorce. The court will then know it is not necessarily because the military person is just not responding, it could be because he/she is deployed.
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Oklahoma14 days/90 days w/children, You must wait 90 days from the date the Respondents Waiver of Summons and Entry of Look is filed if you have small kids together. If you do not have small children together, there is no compulsory waiting duration. Oregon45-60 days, The 90-day waiting period was eliminated in 2012.
Rhode Island150 days, The hearing to finalize the divorce can not be held faster than 60 days from the date the divorce was filed. Free divorce papers arkansas uncontested. The divorce is finalized 90 days after the judge signs the Last Judgment at the hearing. South Carolina30-120 days, You must live separate and apart without sexual relations for a duration of one year before submitting for divorce.
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West Virginia20-30 days, The hearing to settle the divorce should be held no earlier than 20 days and no later on than 220 days from the date the divorce was submitted. Wisconsin120 days, You should wait 120 days after your partner is served with divorce papers. Wyoming20-30 days, You should wait a minimum of 20 days after your partner has actually been served with divorce papers before the divorce can be settled.
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Agreement On The Issues In Your Divorce
Before you file for an uncontested divorce in Arkansas, you and your spouse will need to work out agreements on all the issues in your case, including:
Arkansas doesn’t have the option of filling out a joint complaint. Instead, only one spouse will complete the complaint. The spouse who files will be the “plaintiff,” and the non-filing spouse will be the “defendant.”
If you don’t have children and own limited property, Arkansas Legal Aid provides an interactive questionnaire that will produce the documents you need to file for divorce.
Arkansas doesn’t have a statewide approved form that you can use for your complaint. However, the Circuit Court Clerk’s office in the county where you’re filing for divorce might have forms that you can use.
Instead of tracking down and filling out the forms yourself, you can use an online divorce service that will provide you with the completed forms and walk you through the divorce process.
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How Long Does It Take To Get An Uncontested Divorce In Arkansas
The absolute earliest that an Arkansas court can grant divorce is 30 days after the complaint is filed. .) However, even uncontested divorces usually take longer than 30 days to complete. After 30 days have passed since the filing, you must request a hearing date from the court clerk. At the hearing, you’ll present your settlement agreement and evidence supporting your divorce complaint to the court.
Some Arkansas judges allow couples to get an uncontested divorce “by affidavit”meaning there won’t be a hearingwhen the defendant spouse signs a waiver of service form. You’ll still have to file a depositiona sworn statement about the facts of the caseand will still have to have a witness file, one, too, in order to back up your residency and separation claims. Once the judge reviews these depositions, they might grant the divorce decree without a hearing. You can ask the court clerk if the judge in your case allows divorce by affidavit. You can find sample depositions on the Arkansas Law Help website.
How Is A Divorce Granted In Arkansas
There is a 30-day waiting period in Arkansas. This means that the judge must wait 30 days from when you file your Complaint for Divorce to grant your divorce. Therefore, you will have to wait at minimum of 30 days.
The length of your case can depend on a variety of factors, including how busy the courts docket is, the expectations of the other and how much he/she is contesting. Once the waiting period is over, the judge will decide if you have met the requirements in Arkansas for a divorce
Most likely, you will have to go to court but it depends. If you and your spouse agree on all terms of your divorce, then your divorce will be uncontested.
Even if your divorce is uncontested, the judge may want you to come to a hearing to verify for the court that you have been a resident of Arkansas for at least 90 days 60 days before you filed and 30 after you filed and why you want a divorce.
You will need to bring a witness with you who can verify that you have been a resident of Arkansas for at least 90 days and who also has knowledge that you and your spouse have been living separate and apart since the date of your separation as listed in your Complaint for Divorce.
Your witness will also likely need to verify for the court that he/she has firsthand knowledge as to the reason why you want a divorce. Some judges will allow you to do the verification for you and your witness by affidavit however, this depends on the judge.
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Will You Need Professional Help With Your Divorce
If you have a settlement agreement and a relatively uncomplicated case, you should be able to handle filing for divorce yourself. A do-it-yourself divorce will be the cheapest route to ending your marriage, but it will take some time and attention to detail to make sure you have all the right forms, fill them out correctly, and follow all of the steps and requirements for divorce in Arkansas.
Short of having an attorney represent you in the divorce, there are other ways of getting help with the process. For example, you could do one or a combination of the following:
- If you want the advantages of an uncontested divorce but are having trouble agreeing with your spouse about some issues, divorce mediation may help you work through the obstacles and reach an agreement.
- You can file for divorce online by using a service that will provide you with the completed forms and basically walk you through the process. But online divorce services normally require that you have an uncontested divorce.
- Even if you pursue the DIY or online divorce option, you might want to consult with a lawyer when you have questions or want an independent legal review of your settlement agreement.
Your Right To Request Deletion Of Your Personal Information
You have the right to request that we delete any of your personal information collected by us, subject to certain exceptions. You can do this through a verified consumer request. That process is described below in the section, âSubmitting a Verified Consumer Request.â
We may deny your deletion request if retaining the information is necessary for us or our service provider to:
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Property Division In Arkansas Divorce
Community vs Separate Property
Community property, which is also known as marital property comprises the property, assets and debts acquired by your spouse and you during the course of your marriage. Separate property is the property which is owned by each spouse before the marriage or which is received during the course of marriage as an inheritance or a gift. Usually, separate property is not divided in a divorce. However, separate property can become community property, if you put your spouses name on the title of the property.
The property that you can keep as non-marital property include:
Any property got before the marriage.
Property which is acquired in exchange for any non-marital property.
Any property which is an inheritance or gift during the course of your marriage.
Any property which is defined as non-marital by means of a written agreement.
Any income or increase in the value of any non-marital property.
Claims for personal injuries, workers compensation and Social Security disability.
All the other property except the above is considered as marital property and divided equally unless the court feels that there should be an unequal distribution on basis of the following factors:
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The choice to end a marital relationship is one few individuals ignore. Free divorce papers arkansas uncontested. Once the tough choice is made, most individuals desire to move on as quickly as possible, and settling the divorce is a big part of that. The laws in the state where you live determine how quickly that can take place . Free divorce papers arkansas uncontested.
Not all states have cooling off durations, but in those that do, it normally begins to run either as quickly as the divorce is filed or as soon as your spouse is served with divorce documents Easy divorce online. Free divorce papers arkansas uncontested. A separation duration, on the other hand, is the quantity of time that the partners should be separated before getting a divorce.
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