I hope you enjoy reading this blog post.
If you want to represent yourself in family law, probate or estate planning court in Arkansas, check out one of our dedicated guides.
Where Can I File For Divorce in Arkansas
If you’re reading this, you or someone you know might be facing a tough situation right now – filing for a divorce in Arkansas. Divorce is like a confusing journey with lots of twists and turns, but don’t worry! We’re here to help make that journey a little easier by giving you a roadmap to navigate the process.
In this blog, we’ll be your guiding light, leading you through the often foggy path of divorce proceedings in Arkansas. We’ll discuss things like where exactly you need to go to file your paperwork (hint: it’s not as scary as a trip to the principal’s office), what documents you need to have in your backpack, and how to prepare for any bumps along the way.
We know this isn’t an easy time, but we believe in empowering you with knowledge, making the unknown a little less scary. By the end of this post, you’ll have a clearer view of where and how to file for divorce in Arkansas. So let’s strap in and start this journey together!
Remember, even though the road may seem winding and tough, with the right map, you can make it through. Let’s dive in!
Info in this Blog
So, Where Do I File for Divorce in Arkansas?
The quick answer is with the Circuit Clerk’s office. There are typically two court clerks in Arkansas Courthouses. The Circuit Clerk and the Probate Clerk. The Circuit Clerk is the correct court clerk to use when your are filing for divorce.
We have online divorce resources that draft all the documents you need, provide all court forms, teach you what to take with you, what to file, and what to do with it after you file for divorce.
So, which Circuit Clerk to I file with in Arkansas?
You need to file your divorce petition in the Arkansas County that either you or your soon to be ex-spouse lives in. One spouse needs to live in the County you file your divorce documents in. If you live in different counties, even if you moved one day ago, the divorce case is typically heard in the county that the spouse filed for divorce in first.
What are the Requirements for Filing for Divorce?
One of you must have been a resident of Arkansas for more than 60 days before filing for divorce. Your divorce complaint must state grounds for divorce according to Arkansas divorce law. You can read more about grounds for divorce here.
Do You Meet Arkansas’s Residency Requirements for Divorce?
Do you have to be a resident of Arkansas to file a divorce complaint in Arkansas? No. But you or your other spouse must be. One of you must have lived here for 60 days prior to filing for divorce here.
Learn about the steps you'll need to take to start the divorce process in Arkansas—and how you can get help
Draft Your Initial Divorce Papers
First you will need to draft the initial documents you need to start the divorce. Our online divorce service has video guides that walk you through the process of such a case. It provides all the divorce papers, video guides on how to file, what to file, how to serve, etc. Our online divorce service works with uncontested divorce, no fault divorce, contested divorce, and at fault based grounds for divorce.
How to Serve the Divorce Papers
You can serve divorce papers in Arkansas by private process server, sherriff, or certified, certified or registered mail. We have online video guides about Arkansas divorce that teach you how to serve, the common mistakes people make, the main reasons service is typically not accepted, and how to fix these mistakes.
What if I can’t locate my spouse for service of divorce papers?
If you cannot locate your spouse, the you have to use alternative service. These just means that you have to use serve this is not standard serve that you can use when you know where the other spouse is. We have online divorce video guides that teach you how to apply for and the court’s approval to use alternative service.
Next Steps in Your Arkansas Divorce
After you have completed forms, filed the divorce documents, and served your spouse, they will have 30 days to respond. Once your spouse answers, then you can see if they agree.
Uncontested Divorce
If you and your spouse agree on everything, except marriage, then you can enter into a settlement agreement about child custody, spousal support, child support, property division of all property (including marital property), and all the divorce terms.
All of the decisions will be written into the divorce decree (divorce judgment) and if the judge agrees with your settlement agreement judge signs the divorce decree, it will be become final when it is filed with state court by the clerk.
Contested Divorce
If you disagree on any one item, child custody determination, property division (marital property or non marital property), spousal support, child support, etc., then you will need to have a court hearing.
At this hearing the court will listen to the evidence and decides all of the issues that are not settled by written agreement.
Yes, if you want to simplify the hearing, you can agree on some things and just have the hearing on the things you do not agree on. For instance, if you agree that property distribution should be divided equally, but you do not agree joint custody, then you could submit you written agreement to the court. The the court hearing could be limited to the custody determination of the minor children.
Free Checklist to Make Sure you Start Your Case Correctly!
What are the filing fees for a divorce in Arkansas?
In Arkansas filing fees for divorce start at $165. Some courts also charge a fee to issues a summons, this fee is $2.50 per summons. If you need a certified copy of a document, it is typically $5 per certified copy.
Do I Need an Attorney to File for Divorce?
No, you can filed divorce yourself. It is called “pro se” when you represent yourself in court. You can read more about getting a divorce in Arkansas without a lawyer here.
Do you want to represent yourself in court?
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