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Online Divorce in Arkansas

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Disclaimer: OnlineDivorce is not a law firm and its services, website, forms or templates are not a substitute for the advice or services of an attorney. OnlineDivorce provides access to computer-aided self-help services at your specific direction. OnlineDivorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. OnlineDivorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

Online Divorce in Arkansas

For those seeking an inexpensive divorce in the state of Arkansas, online divorce can be an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at OnlineDivorce.com makes it easy for the client.

The site helps prepare all the necessary divorce forms and provides detailed written instructions on how to file for divorce in Arkansas.

Our divorce document preparation service can assist those who want their divorce papers completed in a quick and stress-free fashion. Arkansas has unique divorce forms and filing requirements, and our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If the two spouses have an amicable agreement on the terms of the divorce, why should the process get drawn out, and why should money be spent on lawyers? Online divorces are often cheaper, quicker and easier.

Online divorce is often a great option for those who want to save money and have the divorce finalized quickly to return to a normal life. An increasing number of people are preparing documents for divorce online because it can be done in the comfort of one’s own home. Even for complex cases that involve children, property or other assets, the online route is possible.

The process at OnlineDivorce.com is 100% secure. We protect the client’s information, and nothing gets filed until the client personally submits the divorce papers to a court. Filing for divorce in Arkansas with OnlineDivorce.com can be a simple solution to a difficult situation.

Filing:

OnlineDivorce.com begins the divorce process by presenting a simple online questionnaire. It can be filled out alone or with the assistance of a spouse. A signature from the other spouse must be obtained, after which the divorce forms may be filed at the local court.

In Arkansas, this is typically done in the circuit court in the county where the petitioner currently lives. If the petitioner (complainant) is not a resident of the State of Arkansas, but the defendant is, they should file the papers in the county where the defendant resides [Arkansas Code; Title 9, Chapter 12-303].

The actual filing process is explained in the detailed court-filing instructions that we provide with the completed divorce forms. Clients can also obtain assistance from their local courthouse by calling or stopping by.

If there are any issues with the documents after the initial filing, clients may need to follow up. OnlineDivorce.com helps the client make minor adjustments to their forms, as requested by the court, at no additional charge. The goal of the service is always to minimize stress and hassle.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Arkansas is no exception.

One of the parties must reside in Arkansas for 60 days before they can file for divorce and another three months before the final judgment granting the decree of divorce [Arkansas Code; Title 9, Chapter 12-307].

The plaintiff should file their documents in the county where they reside, but if the plaintiff is not a resident of Arkansas, then the divorce is filed in the county in which the defendant lives. However, these requirements may be dismissed by the courts, depending on the venue.

There are several ways to prove that residency has been established.

Typically, one can prove these requirements by having a third party testify or sign an affidavit stating that either spouse has lived in the state for at least 60 days. A valid and current Arkansas driver’s license, ID card, or voter’s registration card issued at least 60 days before filing for divorce can also be used.

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Valid grounds to get divorce in Arkansas

Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Arkansas. Grounds are merely the reason for divorce, and the state must approve them.

 

There are two types of reasons for divorce in Arkansas - fault-based and no-fault.

 

No-fault divorce is a type of divorce in which the dissolution of a marriage has taken place without any wrongdoing from either party. In Arkansas, that includes:

 

  • Voluntarily living without cohabitation for 18 months [Arkansas Code; Title 9, Chapter 12-301].

 

"Fault" divorce in Arkansas is valid under the following grounds:

 

  • Either party, at the time of the contract, was and still is impotent;
  • Either party have committed adultery;
  • Living separate and apart for at least three years because of the incurable insanity of either spouse;
  • Conviction of a felony or other infamous crime;
  • Cruel or inhuman treatment which endangers the life of the spouse;
  • Such indignities to the person of the other as shall render their condition intolerable;
  • Habitual drunkenness for one year;
  • Willful failure to provide support when the spouse is legally obligated to support the other (and can provide the other with the common necessities) [Arkansas Code; Title 9, Chapter 12-301].

OnlineDivorce reviews

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Custody of the child in Arkansas

Arkansas courts may award either sole or joint child custody based on the welfare and best interests of the child. The decision shall be made without regard to the sex of a parent but after considering the relevant factors, which may include:

  • which of the parents provided the majority of care for the child during the marriage;
  • each parent's will and ability to encourage the other parent's regular parenting time with the child;
  • the preferences of the child of sufficient age and mental capacity to reason, regardless of chronological age;
  • the overall circumstances of the parents and child;
  • any acts of spousal or child abuse.

An award of joint custody is favored in Arkansas if found to be in the child’s best interests.

A child’s grandparent may also petition the court to request continuing contact with the child [Arkansas Code; Title 9, Chapter 13-101 and Arkansas Case Law].

Rules for child support in Arkansas

Arkansas has set specific state-mandated child support guidelines that apply in virtually every case, barring exceptional circumstances.

These child support guidelines use the income shares model, which supports the need for children to receive an equal portion of income that they would have received if the parents remained married, and shared the same resources.

Both parents’ gross incomes and certain child-related expenses are considered. In most child support cases, payments continue until the child reaches eighteen years of age and may extend until the completion of secondary education.

Child support payments can be ordered to be paid for the benefit of the children through the registry of the court, and the court may require a surety bond for payment. There is a state-mandated official Monthly Family Support Chart which is presumed to be correct unless the court finds that the amount would be inappropriate or unjust after considering the following factors:

  • Any required medical, dental, or psychological care or insurance;
  • The creation of or mainte­nance of a trust fund for the child;
  • Daycare expenses;
  • Extraordinary time spent with the non-custodial parent; and
  • Any additional support provided by the parent obligated to pay support.

The Administrative Office of the Courts provides a Child Support Worksheet to assist with calculating child support orders under the Arkansas Child Support Guidelines [Arkansas Code; Title 9, Chapters 12-312].

Uncontested Arkansas divorce with children
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Rules for spousal support in Arkansas

Alimony, also known as spousal support, can sometimes be ordered by Arkansas courts on a case-by-case basis to help one spouse live in a manner established during the marriage after the divorce.

Spousal support may be awarded under proper circumstances concerning rehabilitation to either party in fixed installments for a specified period of time. It is subject to automatic termination upon the death of either of the two spouses, remarriage of the receiving spouse, or the establishment by the recipient spouse of a relationship that creates a child or children [Arkansas Code; Title 9, Chapter 12-312].

Before awarding alimony for a specific duration, the court must find that one spouse has financial need, and the other spouse can pay. In Arkansas, there are no set guidelines for judges to follow, but typically they consider the following factors:

  • each party’s current and expected income, earning ability;
  • each party’s resources, debts, and assets, including any award of marital property;
  • the standard of living established during the marriage; and
  • the length of the marriage.

Property division in Arkansas

When a couple chooses to divorce in Arkansas, they must distribute property in a fair and agreeable manner.

Arkansas is considered to be an “equitable distribution” state. All of the spouse’s marital property acquired during the marriage is divided equally between the spouses.

However, if the court finds the division to be unfair, it can redistribute the property between the spouses after considering the following factors:

  • The contribution that each spouse made to the preservation, appreciation, or acquisition of the marital property, including the contribu­tion of each spouse as homemaker;
  • The duration of the marriage;
  • The age, wellness, and station in life of the spouses;
  • The job of the spouses;
  • The amount and all sources of income of the spouses;
  • The employable skills of the spouses;
  • The property, debts, and requirements of each spouse and the opportunities of each for further acquisition of such assets and income; and
  • The income tax consequences of the court’s division of this property [Arkansas Code; Title 9, Chapter 12-315].

Why us?

Contested Divorce
Hourly Billing - Driving the Average Cost of Divorce to $15,000+
Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.
  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
The premier uncontested divorce tool
Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.
  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.
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Mediation support in Arkansas

There are no requirements for mediation in the state of Arkansas. However, spouses may decide to seek mediation privately to allow for a faster and smoother divorce process.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Arkansas

Arkansas forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out the paperwork alone. By utilizing OnlineDivorce.com, clients can streamline the process of preparing divorce documents to help both parties move forward with their lives.

How to file for divorce in Arkansas

1

Meet the residency requirements. According to the Arkansas Family Law, a couple can get a divorce within the state if either spouse has resided in Arkansas for at least sixty days before filing the Complaint for Divorce with the court and three months before the final judgment of divorce is entered.

2

Prepare the initial divorce papers. The spouse initiating the case (the plaintiff) must select all the necessary divorce forms, including the Complaint for Divorce, Verification, Divorce Decree, and others required in their particular divorce case, and fill them out carefully and completely.

3

File for divorce. The completed divorce papers must be filed with the relevant Circuit Court. Besides, the plaintiff has to pay a court filing fee to start a divorce case.

4

Complete the service process. Serving divorce papers means delivering copies of the Complaint for Divorce and Summons to the second spouse (the defendant) following the Arkansas Rules of Civil Procedure.
In particular, the plaintiff can serve divorce papers by hiring a private process server or deputy sheriff or via certified mail (if so, the Affidavit of Service by Mail with receipt card must be filed as proof of service).

5

The waiting period begins. In Arkansas, no divorce (whether contested or not) can be finalized earlier than thirty days after the Complaint for Divorce is filed with the court. The defendant has the same thirty days to file an answer to the divorce petition.

6

Attend a final hearing. In an uncontested divorce in Arkansas, both spouses are required to attend a court hearing unless they have been legally separated for 18 months. The hearing is needed for the judge to review the submitted paperwork, Settlement Agreement, and proposed Divorce Decree. If everything is completed correctly, the judge grants a divorce.

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Filing fees for divorce in Arkansas

When an individual files divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Clients must check with their local courthouse to determine the exact amount.

How long will it take

Use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of the case. Clients start by filling out a questionnaire and can either complete it in one sitting or save their progress and complete it at a later date.

Once the documents have been completed, they need to be filed with the other spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.

Here is how OnlineDivorce.com makes completing divorce papers easier: