What Are The Requirements To File For Divorce
Every jurisdiction has certain residency requirements that must be satisfied before you can file for divorce. In Arkansas, you or your spouse must have been a resident of the state for 60 days or more before you can commence the action. In order to seek a dissolution of marriage in Missouri, one of the spouses must have lived in the state for at least 90 days.
Importantly, there are also waiting periods in Arkansas and Missouri before your divorce can be granted. A judge cannot grant a divorce until 30 days have passed from the day the action was filed, even if your divorce is uncontested.
Do I Need To Prove Fault For A Divorce In Arkansas
You will have to show that your spouse did something to you in order to get a divorce. The only way to get a divorce from your spouse without showing fault is to live separate and apart from your spouse for at least 18 continuous months.
Your spouse can contest or object to you getting a divorce. However, as long as you can prove fault or prove that you and your spouse have been living separate and apart for at least 18 months, then the court will grant your divorce. You will have to be prepared to put on proof of fault or 18 months of separation. You can do this through witnesses or documentary evidence.
You can show fault by bringing witnesses with you who have firsthand knowledge that your spouse did something to you based on whatever ground you are pleading.
For example, if your ground is general indignities that you will want to bring a witness with you who can testify that he or she saw your husband or wife treat you saw intolerably.
A Guide To Divorce In Arkansas
This is a complete guide to divorce in Arkansas.
In this guide, youll get educated on exactly how divorce works in Alaska.
Specifically, well cover the differences between divorce and legal separation, types of divorce, overview of the process, how much it costs, and a whole lot more.
So if you want to make sure you have a lay of the land , weve got you covered.
Without further ado, lets dive in.
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Consult An Expert Arkansas Family Law Attorney
Consult with an expert family law attorney in Arkansas to explore your legal choices and verify that you are doing the appropriate actions for your specific circumstance.
The only person who can provide you with detailed legal counsel about your divorce is an expert family law attorney. The process of divorcing in Arkansas does follow a set of standard procedures, however.
Consult With An Experienced Family Law Attorney In Arkansas
Consult with a Arkansas family law attorney to explore your legal alternatives and verify that you are doing the appropriate actions for your specific circumstance.
Only an expert family law attorney can provide you with particular legal guidance about your divorce. However, there are certain common things to anticipate when filing for divorce in Arkansas.
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Arkansas Divorce Forms With Minor Children
If spouses have children, the amount of paperwork they have to deal with may double. While filing for marriage dissolution with kids, couples usually have to fill in and file the following divorce papers:
In this document, spouses determine the type of custody they would like to maintain over their kids. They also have to outline how much time the child is going to spend with each parent, where he or she is going to live and study, how disputes are going to be resolved, etc.
This is a document, which determines the financial obligations of both parents towards their children. The laws concerning the amount of payment and the party who will make it are usually detailed in the state guidelines.
In certain cases, parents will be mandated to take up classes on how to help their children deal with a divorce. After passing the course, they will be required to submit the certificate proving the completion.
As you can see, these forms are quite elaborate, and there are questions that might be hard to understand if you rarely work with legal documents. In case you find yourself stuck trying to find case-specific forms or fill them out, using an online service will help you cope with this problem in a matter of hours.
Are Divorce Records Public In Arkansas
Yes, divorce records are public documents under the Arkansas Freedom of Information Act . Nevertheless, divorce records are also subject to privacy laws restricting public access to sensitive and confidential information such as information on minors, social security numbers, and financial information. The court may also seal certain documents upon request from the divorcees. In this case, only authorized entities can access sealed documents in a divorce record. An interested member of the public must obtain a court order that grants access to inspect the documents of interest. Regardless, the record custodian will redact sensitive, confidential, or potentially injurious information before providing access to the requester.
Records that are considered public may be accessible from some third-party websites. These websites often make searching for records simpler, as geographic locations do not limit their activities. Thus, the search engines on third-party sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or persons involved in the case. These include information such as the city, county, or state of residence or accusation.
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Arkansas Divorce Court Considerations Table
1. Arkansas Grounds for Divorce FAQ
Is Arkansas a no-fault divorce state?
Arkansas allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Arkansas may be “irreconcilable differences”, or similar grounds.
Does Arkansas allow at-fault divorces?
In addition to no-fault grounds for divorce, Arkansas is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer’s spouse is the cause of the divorce due to engaging in one of Arkansas’ at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner’s fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of Arkansas allow incompatibility as grounds for divorce?
Yes, Arkansas does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in Arkansas for living separate and apart?
In divorce law, “living seperate and apart” refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
2. Arkansas Divorce Process FAQ
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.
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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.
Drafting Your Divorce Complaint
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Completing Proof Of Service In Arkansas
You are legally required to give your spouse documentation after you have filed your paperwork with the court. This can be accomplished in a number of ways.
- Personal service. A server gives the court papers to the party being served. This can either be a professional process service or a sheriffs deputy. You will receive a certificate of service or return which is then filed with the court.
- Service by mail. You mail the documents to the other party via certified mail. You have to attach the return receipt and the envelope to the Affidavit of Service.
- Service by publication. If you dont know how to find the other party you can publish the summons and complaint in a newspaper in the area where the other party is likely to be.
A spouse may agree to waive the service of the Summons and Complaint. If a spouse does agree to waive service then he or she must sign the Entry of Appearance and Waiver of Service of Summons Form. This form must also be notarized meaning that the spouse must sign the form in front of notary public.
If the defendant is in jail or prison, you must give a copy of the summons and complaint to the administrator of the institution who will then relay the paperwork to the defendant.
If you dont know where the defendant lives or where they are, you still have to prove to the judge that you completed service.
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Here Is How We Can Make It Easier For You To Complete Your Divorce Using Onlinedivorcecom:
- We provide you with the full divorce packet that is required by your local court – no need to drive to your local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk’s office directly.
- We complete the necessary forms for you based on the answers you give in a simple guided online interview – no need to read through the legal jargon and try to figure out how to fill out those forms yourself.
- We give you the detailed and easy to follow step-by-step instructions for filing your divorce with the court – so you know exactly what to do to get your divorce finalized.
- We provide unlimited technical support – if you need assistance through the online process you can always reach out to us via phone, email or live chat and we’ll do our best to help you.
- We save time and money for our clients – if divorcing spouses are in agreement regarding the terms of their divorce, they donât have to pay thousands to a lawyer to handle their divorce forms and they don’t need to spend hours trying to do it all by themselves.
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Can A Parent Change A Minor Childs Last Name During A Divorce In Arkansas Without The Other Parents Permission
A parent will typically need consent from the other parent to change the childs name. If the parent can show a number of factors, including best interest of the child and stigma attached to the childs current name, then the court may change the childs name.
Additionally, you request in your Complaint for Divorce that you want your childs name to be changed and then your spouse never responds to the Complaint, then the court may consider your spouse to be in default for not timely answering. Not all judges do this if custody and/or property are involved. However, if you request the name change and your spouse does not respond then the court may grant the request.
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The Kids Want To Live With Me They Get To Pick Where They Live
A judge might consider the preference of your children, but this is only one of several factors used to decide custody and it may carry little or no weight . Also, do you really want to force the kids to pick sides or testify in court?
Arkansas courts base child custody decisions on the âbest interests of the child.â For more information on the âbest interests of the childâ see 4 Things NOT in the Best Interest of the Child â and Joint Custody and Relocation in Arkansas.
File The Divorce Forms
The first step in starting the legal divorce process is gathering the necessary forms. Arkansas Legal Aid offers an interactive questionnaire that will generate the documents you need to file to get a divorce in Arkansas but only if you dont have children and have a limited amount of property.
For more complicated divorces, you may be able to obtain the necessary forms from the clerk of the court in the state where you plan to register your divorce. You might also utilise an Arkansas divorce form provided by an online divorce provider.
If you initiate the divorce, you will fill out the forms as the plaintiff. Your spouse will then be referred to as the defendant. You must file a divorce complaint along with the three cover sheets if you and your spouse have minor children: the Confidential Information Sheet, Domestic relations cover and a Child Support Worksheet.
Right Reasons for Divorce
In Arkansas, as in all states, you must have a legally accepted reason for divorce. Generally, the state accepts divorce petitions based on a partners misconduct .
Pursuing a fault-based divorce necessitates proving the misconduct occurred which takes a lot of time, money, and anxiety, and it is likely to provide your spouse with an incentive to fight the divorce.
Youll need to show proof of residence, as well and other corroborating evidence to demonstrate that youve met the separation requirement.
Grounds for a Divorce in Arkansas
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Agreement On The Legal Reason For Divorce
Arkansas allows both “no-fault” and “fault-based” divorces. A no-fault divorce is one in which the court doesn’t require either spouse to prove that the other’s bad acts were the cause of the divorce. In a fault-based divorce, one or both of the spouses must show that the other’s actions caused the failure of the marriage.
No-Fault Grounds for Divorce in Arkansas
Unlike most states, Arkansas doesn’t recognize basic incompatibility of the spouses as a reason for a no-fault divorce.
Arkansas’ only no-fault ground for divorce is that the spouses have lived separate and apart for at least 18 continuous months. The separation can be by mutual agreement or because one of the parties moved out. .)
Also unlike many other states, Arkansas courts won’t just take your word for it that you meet the separation requirementsyou’ll have to prove that you’ve met these requirements by having a third party testify or sign an affidavit about the matters. Arkansas courts refer to this as “corroboration of grounds.” .)
Arkansas requires you to produce evidence that you meet its residency requirement and have separated from your spouse for the required period . Unlike many other states, Arkansas courts won’t just take your word for ityou’ll have to prove that you’ve met these requirements by having a third party testify or sign an affidavit about the matters. .)
Fault-Based Grounds for Divorce in Arkansas
Arkansas has the following fault-based grounds for divorce: