Divorce can be a challenging and emotional process, but understanding the legal steps involved can help make the journey smoother. This guide will provide a comprehensive overview of Arkansas divorce laws and the process of filing for a divorce in the state. Whether you are considering a divorce or are already in the midst of one, this information will help you navigate the legal landscape.
Understanding Arkansas Divorce Laws
Before diving into the process of filing for a divorce, it is important to understand the legal framework governing divorces in Arkansas. The state has specific laws and requirements that must be met for a divorce to be granted.
Grounds for Divorce in Arkansas
In Arkansas, you must have legal grounds to file for a divorce. These grounds are categorized into fault and no-fault:
- No-Fault Grounds: The most common no-fault ground for divorce in Arkansas is “separation.” The couple must have lived separately without cohabitation for at least 18 months. This separation must be continuous and not interrupted.
- Fault Grounds: Arkansas also recognizes several fault-based grounds for divorce, including:
- Adultery
- Cruelty or inhumane treatment
- Habitual drunkenness
- Felony conviction
- Impotence
- Indignities that may life intolerable
Residency Requirements
To file for a divorce in Arkansas, at least one spouse must be a resident of the state for a minimum of 60 days before filing the petition. Additionally, the divorce will not be finalized until a three-month waiting period has passed from the date of filing.
How to File for a Divorce in Arkansas
Filing for a divorce in Arkansas involves several steps. Here is a step-by-step guide to help you through the process:
1. Prepare the Necessary Documents
The first step in filing for a divorce is to gather and prepare the necessary documents. The primary document required is the “Complaint for Divorce,” which outlines the grounds for divorce and other relevant details. You may also need to complete additional forms, such as:
- Summons
- Affidavit of Residency
- Affidavit of Service
2. File the Complaint for Divorce
Once the documents are prepared, you must file the Complaint for Divorce with the Circuit Court Clerk in the county where you or your spouse resides. There will be a filing fee, which varies by county.
3. Serve the Divorce Papers
After filing, the next step is to serve your spouse with the divorce papers. This can be done through:
- Personal service by a sheriff or private process server
- Service by mail, with a signed receipt
- Publication in a local newspaper (if the spouse cannot be located)
4. Respond to the Complaint
The spouse receiving the divorce papers (the defendant) has 30 days to respond. If the defendant does not respond within this period, the court may grant a default judgment in favor of the filing spouse (the plaintiff).
5. Negotiate a Settlement
If both parties agree on the terms of the divorce, including property division, child custody, and support arrangements, they can draft a settlement agreement. This agreement must be submitted to the court for approval.
6. Attend a Hearing
In contested divorces or if the judge deems it necessary, a court hearing will be scheduled. Both parties will present their case, and the judge will make decisions on unresolved issues.
7. Finalize the Divorce
Once all issues are resolved and the court approves the settlement agreement (if applicable), the judge will issue a “Decree of Divorce.” This finalizes the divorce, and both parties are legally free to remarry.
Contact River City Law Today
Navigating the complexities of Arkansas divorce laws can be daunting, but you don’t have to do it alone. Attorney Trent Thomas of River City Law in Little Rock, Arkansas, is an experienced attorney specializing in divorce, custody, child and spousal support, uncontested divorces, guardianship, and more. With his extensive knowledge and compassionate approach, Trent can help you through every step of the divorce process, ensuring your rights and interests are protected. For a consultation, contact River City Law at (501) 615-8253 or via email at trent@rivercityfirm.com.
Understanding how to get a divorce in Arkansas is crucial for anyone considering this significant life change. By familiarizing yourself with the process and seeking professional legal assistance, you can navigate the journey with confidence and clarity. Learn about uncontested divorce in Arkansas. See more related articles.
