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How Quick Can You Get a Divorce in Arkansas
We’re going to talk about something serious: how quick can you get a divorce in Arkansas. More specifically, we’re going to look at how quickly a divorce can happen in the state of Arkansas.
Now, divorce isn’t a race, and sometimes it can take longer than we’d like. But it’s still important to know what to expect, especially if you or someone you know is going through this.
In this blog, we’ll talk about some basic rules, like how long you have to live in Arkansas before you can file for divorce. We’ll also discuss things like waiting periods and what an “uncontested divorce” is. It might sound a bit complicated, but don’t worry! We’ll break it all down in an easy-to-understand way.
Info in this Blog
Does Arkansas require separation before divorce?
Yes, the state of Arkansas does have a separation requirement for divorce.
If you are using grounds other than separation, you just have to be seperated. This means that the couple must live separately, without cohabitation (living together). So if you are using other grounds for divorce (you can read more about grounds for divorce in Arkansas here), you can be separated for one day.
If you are using separation for your grounds, Arkansas law requires that a couple live separately for at least 18 continuous months.
What Is the Waiting Period for an Arkansas Divorce?
In Arkansas, there’s a mandatory waiting period after you file for divorce. This means you have to wait for a certain amount of time before the court will finalize your divorce. This waiting period is 30 days after you divorce complaint is filed with the county court itself.
Even if you and your spouse agree on everything, like who gets what and where the kids will live, you still have to wait for this period to pass.
It’s important to remember that just because there’s a waiting period, it doesn’t mean your divorce will be all done when that period is over. It’s just the minimum amount of time you have to wait. If there are disagreements or complications, the divorce process could take longer.
Also, if you have a covenant marriage, the process could take longer. Arkansas divorce laws change the waiting time with a covenant marriage depending on the fault based grounds that are used.Â
Can we agree to an out-of-court settlement in our Arkansas divorce papers?
Yes, you certainly can agree to an out-of-court settlement in your Arkansas divorce. This is often called an “uncontested divorce.” In this type of divorce, both people agree on all the details like how to split property, who gets what, and, if there are kids involved, who they’ll live with and how visits with the other parent will work.
If you and your spouse can agree on these things, you can create a divorce decree. This agreement is a written document that outlines all your decisions and puts your divorce settlement in writing. Once your marital settlement and divorce documents are complete, you give it to the court.
Your settlement agreement (divorce decree) will contain your property division (how to split your marital property and non marital property), custody determination (sole custody or joint custody), spousal support (if any), and all other issues between you and your other spouse.
The circuit court will review your divorce decree to make sure it’s fair for both of you and for your kids if you have any. If the court approves it, then your own divorce proceedings can proceed without a trial.
This can make the divorce process quicker and less stressful.Â
Is the Divorce Process faster in Arkansas if we Agree?
Yes, the divorce process can be faster in Arkansas if you and your spouse agree on all the details of your divorce. This kind of agreement is often called an “uncontested divorce.”
What is an Uncontested Divorce in Arkansas
In an uncontested divorce, one spouse and you both agree on things like who gets what property, who pays certain debts, and how to arrange things for any kids you have. You put all these agreements in a document called a divorce agreement, which is then given to the court.
Once the court reviews and approves your agreement, you can usually skip a lot of the steps that can make a divorce take longer. This includes not needing a trial, which can save a lot of time.
However, even with an uncontested divorce, there’s still a mandatory waiting period of 30 days in Arkansas after you file for divorce. So, no matter how quickly you agree, you will still need to wait at least this long.
What is a Contested Divorce in Arkansas?
A contested divorce in Arkansas is when the two people getting divorced don’t agree on one or more things that need to be settled in the divorce. This could be things like how to split up property, who gets custody of the kids, child custody, or whether one person should give money to the other to help with child support between them.
In a contested divorce, since you can’t agree, the court has to make the decisions for you. This usually involves going to a trial, final hearing where each person (or their lawyer) presents their case to a judge. The judge then makes the final decisions based on the law and what they think is fairest for children involved.
Contested divorces usually take longer than uncontested divorces (where everyone agrees) because the court process can take some time. They can also be more stressful and expensive due to the need for lawyers and possibly multiple court visits.
But sometimes, a contested divorce is necessary if there are big disagreements or if one person feels they’re not getting a fair deal.
Free Checklist to Make Sure you Start Your Case Correctly!
Is a no fault divorce faster than a fault based divorce?
A no-fault divorce is not faster than a fault-based divorce. Let’s talk about what these terms mean.
In a no-fault divorce, you’re saying that nobody did anything specifically wrong to cause the divorce. You don’t have to prove that your spouse did something bad. In Arkansas they only no fault grounds are continuous separation for 18 months.
On the other hand, in a fault-based divorce, one person blames the other for the breakup of the marriage. You can read more about Arkansas grounds for divorce here.
So, why is a no fault divorce not faster than an at fault divorce?
Well, it’s mainly because you grounds are typically a very small part of a divorce. Most people do not spend time fighting over grounds and whose fault it is. (Although some do) But remember, even in a no-fault divorce, if you can’t agree on things like dividing property or child custody, the process will take just as long as an at fault divorce.Â
Getting Legal Help With a Divorce in Arkansas
In conclusion, going through a divorce can be tough. It can involve a lot of decisions about property, money, and kids. But remember, you don’t have to navigate this journey alone. Our online divorce service help, like our online video guides and divorce papers.
These online resources can be very useful. They can help you understand the process and provide the forms you need to get started. It can save you time and even money.
So, while an online course is a great starting point, don’t forget to reach out for additional help if you need it. In the end, the goal is to make your divorce process as smooth and fair as possible. You’re not alone, and there’s help available to guide you through it.
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About Brandon
A licensed attorney with over 10 years of experience – I’ve noticed a lack of support for people who want to represent themselves in court.
So, I’ve created video guides that will help you gain back control of some of the least predictable situations you could experience in your lifetime.
- Court Forms
- Complaint
- The Process
- 3 Ways to Serve
- What Works Best
- How to Respond
- The Decree
- Necessary Questions
- Court Room Procedure
My Video Guides
- Intro to Family Law
- Requirements to File Divorce
- Drafting the Complaint
- Court Required Forms
- How, Where, and What to File
- How to Serve or Get a Waiver
- Drafting a Waiver
- Testimony Needed for A Divorce
- Affidavit of Financial Means
- Child Support Calculation
- Drafting the Divorce Decree
- Procedure in the Courtroom
- What to do with the Decree