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Navigating Your Way Through Arkansas Divorce Papers and Forms Online
Going through a divorce can be one of the most stressful experiences in life. The emotional upheaval is challenging enough, let alone the confusing labyrinth of legal procedures and paperwork. Fortunately, for residents of the Natural State, getting access to Arkansas divorce papers and online divorce has never been easier.
If you are curious you can read more here about if you can get a divorce without a lawyer in Arkansas.
In this blog post, we’ll provide a complete guide to help you understand and navigate through the essential Arkansas divorce forms available online. Whether you’re filing for a no-fault or fault-based divorce, seeking child custody, or resolving property disputes, our goal is to make the process a little less daunting for you.
We’ll cover everything from eligibility, the types of forms you’ll need, how to correctly complete these forms, to filing them correctly in your local county court.
Remember, while our blog post aims to help simplify the online divorce process, every situation is unique, and it’s crucial to consult with a legal professional for personalized advice.
Let’s take this journey together, and help you transition towards your new phase in life with as much ease and understanding as possible. So, buckle up and read on to get the full scope of what’s involved in completing and filing Arkansas divorce papers and online divorce.
Info in this Blog
Eligibility for Divorce in Arkansas
In Arkansas, the law states that one of the spouses must have resided in the state for at least 60 days prior to filing for divorce. This means if you or your other spouse lives or has moved to Arkansas recently, you must wait for this 60-day period to elapse before you can start the divorce process.
This requirement for online divorce applies to living in Arkansas. If you move to a new county in Arkansas from another Arkansas county, you can file immediately in the new county. For example, if both spouses lived in Little Rock for the last 2 years, then they separated and one spouse moved to Fayetteville. The spouse that moved to Fayetteville can file the first day they live in Washington County. The Spouse that lives in Little Rock can also file in Pulaski County. The divorce case will stay in whatever county was filed in first. So don’t wait.
After the initial filing, there is also a mandatory 30-day cooling-off period before a divorce can be granted. This period is designed to give the couple some time to reconsider their decision. However, even if you decide to reconcile within these 30 days, you would need to inform the court and formally withdraw your divorce complaint.
In your divorce complaint you must state your grounds for divorce. Even if you are even if you are filing an uncontested divorce, you must state the appropriate grounds for divorce in order to comply with Arkansas law.
Grounds for Divorce in Arkansas
For grounds of divorce, Arkansas recognizes both no-fault and fault-based grounds.
No-Fault Divorce:
In a no-fault divorce, neither spouse is required to prove that the other one did something wrong to cause the divorce.
Arkansas legal system is somewhat unique because it does not allow true no-fault divorce. Instead, the closest option is a divorce based on “General Indignities,” which essentially means one spouse makes life intolerable for the other. Another option is to live separate and apart for 18 consecutive months, at which point a divorce can be granted without assigning blame.
Fault Divorce:
A fault divorce is one where one spouse alleges that the other spouse’s bad behavior is the cause of the divorce. Arkansas recognizes several grounds for fault divorce, including:
General Indignities: Your spouse treated you with such indignities as to make your life intolerable.
Impotence: One spouse is physically unable to have sexual intercourse.
Conviction of a felony or infamous crime: One spouse has been convicted of a crime that has led to a prison sentence in any penal institution.
Alcohol abuse: One spouse has been a habitual drunkard for one year.
Cruel and barbarous treatment: One spouse endangers the life of the other spouse.
Adultery: One spouse has had sexual relations with someone other than the other spouse.
Non-support: One spouse has the ability to support the other but fails to do so.
Other grounds such as insanity, confinement for mental illness for a period of three years, can also be used to seek a fault-based divorce.
A fault-based divorce can be more complex, time-consuming, and expensive than a no-fault divorce, primarily because it requires evidence to prove the allegations. Furthermore, it often involves more conflict and can exacerbate the emotional difficulty of the divorce process.
However, if proven, fault can have an impact on the terms of the divorce, including the division of marital property and the awarding of alimony. This is why some people may choose to go this route despite the potential downsides.
It’s crucial to understand your circumstances and it is alway advisable to consult with a legal professional to guide you in making the best decision for your situation.
Forms for Divorce in Arkansas
There are a variety of forms you’ll need to fill out when filing for divorce in Arkansas. The specific forms can vary depending on whether you have minor children, need to determine child or spousal support, and whether you and your former spouse agree or can agree on the terms of the divorce. Here’s a general outline of the forms that are commonly required:
Domestic Relations Cover Sheet
This document identifies the parties involved in the case, the type of case, and the type of action you’re requesting from the court.
Summons
A summons notifies your spouse that you’ve started a divorce action. It must be served to your spouse officially.
Confidential Information Sheet
Children who are under 18 are not supposed to have their names in public records. So, you leave the names of the documents and fill out the confidential information sheet.
Complaint for Divorce
This is the main document where you request the court to grant you a divorce. It contains basic information about your marriage, grounds for the divorce, and what you are asking the court (regarding property division, child custody, alimony, etc.).
Waiver of Service
f you are trying to get an uncontested divorce, you can draft and have your spouse sign this document and you will not have to serve divorce papers on your spouse.
Affidavit of Financial Means
This financial affidavit is a comprehensive overview of your financial situation. It includes information about your income, expenses, assets, and debts. The financial affidavit helps the court make decisions about child support, alimony, and division of assets and financial obligations.
Child Support Forms
If you have minor children, there will be additional forms related to child support, including a Child Support Worksheet to calculate the support amount.
Decree of Divorce
This is the final document signed by the judge that legally ends your marriage. It includes all the terms of the divorce, property settlement, child support payments, and child custody.
Domestic Relations Disposition Sheet
This is the final form that gets filed with the div0rce decree to close out your Arkansas divorce.
Also, it’s important to fill these forms out accurately and completely. Mistakes or omissions can delay your divorce or make it more complicated. If you’re unsure about how to fill them out, consider seeking help from a legal professional.
Our video guides will walk you through the entire divorce process in Arkansas as well has show you how to fill out the software to generate your arkansas divorce forms with no mistakes.
What is an Uncontested Divorce in Arkansas
In Arkansas an uncontested divorce is where the spouses agree on the terms of they divorce. Unless you want to wait 18 months, one spouse will still have to be “at-fault.” Arkansas requires fault grounds unless you want to wait for the 18 months. The fault based grounds are listed above.
An uncontested divorce typically means the agree on getting divorce, how to separate property, how to separate debt, and if they have kids how to split time between them. You cannot agree on child support in Arkansas. You have to pay it according to the law.
So, even you you agree on everything, you cannot use “irreconcilable differences” in Arkansas divorce papers. The state requires fault based divorces.
Free Checklist to Make Sure you Start Your Case Correctly!
Filing and Serving the Divorce Forms
One you have the divorce forms completed, then comes what to do next. They need to be filed with the court and served on your spouse. We have video guides that walk you through exactly what you need to take, where you need to take it, and what you need to get from the clerk, and then how to serve divorce papers.
Filing for Divorce: The Process (Complete Steps)
Prepare Your Paperwork: Once you have completed all the necessary divorce forms for your specific situation (as mentioned above: the Domestic Relations Cover Sheet, Complaint for Divorce, and other forms as required), you should review them thoroughly to ensure all information is accurate.
Make Copies: Make at least two copies of all your documents. One set is for you, one set is for your spouse, and the original file is for the court.
File with the Clerk: Take the originals and copies to the circuit clerk’s office in the county where you or your spouse resides. The clerk will stamp all the copies, keep the originals, and return the copies to you. Here is more information about where to file your divorce in Arkansas.
Pay the Filing Fee: There is usually a filing fee. The fee varies by county, so it’s a good idea to call the clerk’s office ahead of time to find out the exact amount and acceptable methods of payment.
Serve Divorce Papers
In Arkansas, you are required to officially notify your spouse about the divorce. This is known as “service of process,” and it allows your spouse to respond to your complaint. You do not have to do this if your spouse has signed a waiver of service.
Choose a Method of Service: In Arkansas, you can serve your spouse by personal service (by a sheriff or a private process server) or by certified mail with a return receipt.
Carry Out the Service: For personal service, you can take the papers to the sheriff’s department or a private process server. You’ll need to pay a fee for service. If you’re using certified mail, send the all the correct divorce documents. This can get technical and we have complete video guide on service to make sure you do it right.
Proof of Service: Once your spouse has been served, you need to prove it to the court. We provide all the document and steps you need in our video guides.
Responding to the Divorce Papers
In Arkansas, the process for responding to divorce papers is the defendant has a specified period, usually 30 days, to file a formal response, also known as an “Answer,” to the divorce complaint.
Here are the steps to respond to divorce papers in Arkansas:
Read the Divorce Papers: Take your time to thoroughly read the divorce petition served to you. It includes details about what your spouse is asking for from the divorce proceedings.
Hire a Lawyer or Decide to Represent Yourself: Depending on your comfort level with the legal process and the complexity of your particular case itself, you may decide to hire a lawyer or represent yourself. If your divorce involves significant property, debt, or child custody issues, hiring a lawyer may be beneficial.
Prepare Your Answer: If you decide to respond, you’ll need to prepare an Answer. In this document, you respond to each claim made by your spouse in the divorce petition. You can either agree or disagree with each point. We have a video guide that helps you draft the answer.
File Your Answer: Once your Answer is prepared, make copies of the document. You’ll need to file the original with the court and deliver a copy to your spouse. Go to the courthouse in the county where your spouse filed for divorce, submit your original Answer to the clerk.
Serve Your Answer: After filing, you need to deliver a copy of your Answer to your spouse, which is known as “service.” You have to follow the law and after a lawsuit is started it is possible to serve by regular mail.
Prepare for the Next Steps: If you disagree with your spouse’s demands, the court will schedule a divorce hearing to resolve those issues. You may also be required to participate in mediation to try to settle some or all of your disagreements. We have video guides on the process for a court hearing.
Remember, the instructions provided here are a general guideline. Each case is unique, and additional or different requirements may be necessary. It’s always a good idea to consult with a legal professional to understand your rights and obligations fully.
Conclusion
If you want to get divorced and are looking to be able to handle it yourself. Our video guides will help you understand the entire legal process and draft all the documents you need. There is no better solution out there for an Arkansas Divorce guaranteed.
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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