Divorce papers in Arkansas — filing for divorce in AR

Online divorce in Arkansas

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How to get divorce in Arkansas

The information below will help understand more about the divorce in Arkansas.

The common steps of how to get divorce in Arkansas:

1

The marriage has to have a full legal force, as it was concluded in accordance with the laws of Arkansas.

2

Spouses must be residents of the state or reside in Arkansas for at least 60 days prior to filing a lawsuit with the court, with the obligatory condition of living in the state at least 3 months before the court makes a final decision on divorce.

3

Spouses should have reasons why they want to dissolve the marriage.

4

If the couple is married to a covenant, the spouse who wishes to terminate the relationship must go through a special counseling session so that the court can make sure that the spouses are really willing to divorce.

5

Request an uncontested divorce in Arkansas.

6

In order to begin the process of divorce, the interested parties must fill out the appropriate divorce form documents and file them with the court.

7

Interested parties need to file completed divorce form documents in court and transfer copies to their spouses. After that, the court will set the date of the first hearing regarding the case. The minimum waiting period is 30 days.

Residency:

If the interested party want to get a divorce in Arkansas, then at least one of the spouses must reside in the state for 60 days prior to filing a lawsuit. Required condition is a non-stop residing in the state within 3 months before the end of the marriage dissolution, when the court issues the final decree on the divorce.

Covenant Marriage

The covenant marriage is able in Arkansas. Covenant marriage is a union, where man and a woman who agree that the marriage between them is lifelong.
Couples who are married to a covenant can get a divorce in Arkansas only after an authorized consultation. Causes of divorce can be as follows:

  • The defendant (the spouse who does not file for divorce) committed an act of adultery;
  • The defendant (a spouse who does not file for divorce) has committed a criminal offense, for which he was convicted;
  • The defendant physically or sexually insulted the applicant (spouse filing for divorce) or the child;
  • Spouses without consent live separately from each other for 2 or more years;

To be able to file for divorce in Arkansas, a married couple of covenant must comply with the conditions of the state of residence. Thus, one or the image of the spouse must be domiciled in the state, and the grounds for divorce should have been in Arkansas or while the matrimonial domicile was in the state.

If the reason occurred somewhere in another state where one or both of the spouses were domiciled, the party that received the judicial separation had to be domiciled in the state until the reason for the action was accrued and was domiciled in the state at the time the when he or she filed the suit.

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Valid grounds to get divorce in Arkansas

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In order to terminate a regular marriage (not the marriage of the covenant), one of the following reasons should have happened:

#1

One of the spouses is impotent;

#2

One of the spouses is recognized as a guilty in the commission of a criminal offense;

#3

One of the spouses has acquired alcohol or drug addiction, which lasted no less than 1 year;

#4

One of the spouses showed acts of violence or ill-treatment towards the second spouse or children;

#5

One of the spouses committed an act of adultery;

#6

Spouses lived separately without cohabitating for at least 3 consecutive years due to the fact that one spouse is indescribably ill with any form of psychiatric illness;

#7

the spouses lived separately from each other for at least 18 months, but it does not matter whether this was a voluntary decision or not.

If the reason for the divorce is the psychiatric illness of the spouse, then the court will grant a divorce only after the interested person has convinced of the following:

  • The sick spouse was sent to a psychiatric hospital to treat madness not less than 3 years before filing a suit in court;
  • The sick spouse was declared insolvent in a court of competent jurisdiction;
  • The sick spouse was not released from the trial;
  • Evidence of the insanity of the spouse is confirmed by 2 doctors who are familiar with the patient's medical history, while one of the doctors is constantly practicing specialist in the institution where the sick spouse is;
  • Evidence of the insanity of the spouse is confirmed by the head of one of the doctors who is a practitioner in the institution where the insane spouse is kept;

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Custody of the child in Arkansas

Custody of the child

Any couple passing through a divorce in Arkansas is required to decide on the custody of their minor children.
A court may order parents to attend special courses on the education of underage children before they can issue a divorce.

Rules for child support in Arkansas

In addition to guardianship, the amount of financial support for underage children born in marriage will be also attached. The Varying Percentage of Income Model is used to determine the required amount. In this model monthly incomes of the parent-payer, as well as the number of underage children in the family, take part. This can also have a range of monthly incomes. If the parent's income does not use the upper limit of the model range, then the child support is calculated as follows:

 

1 child

15% of income

 

2 children

21% of income

 

3 children

25% of income

 

4 children

28% of income

 

5 children

30% of income

 

6 children

32% of income

To compute child support when income exceeds the chart amounts, add together the maximum chart amount and the percentage of the dollar amount. The total will be the child support amount.

Uncontested Arkansas divorce with children
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Rules for spousal support in Arkansas

Rules for spousal support

During a divorce in Arkansas, any spouse can file a petition for alimony. The court will make a positive decision if the requesting spouse's need in help is proved, and the spouse-payer has the opportunity to satisfy his or her needs.

If the court or the contract between the spouses does not provide for any other solution, then the payment of maintenance is automatically terminated after the onset of one of the following events:

1) The spouse who receives alimony marries.

2) If the spouse receiving alimony receives financial support from a third party.

3) If the spouse receiving alimony provides financial support to a child who is not a relative of the spouse-payer.

Property division in Arkansas

Property division

The spouses are obliged to divide their common property during divorce. In Arkansas all the common property should be divided equitable. It is assumed that the property will be divided in half, but if the court certifies that this is not a fair decision, it will decide on a proportion that would be fair for both spouses.

The Arkansas statute defines marital property as all property acquired by any of the spouses after the marriage. If one of the spouses become the owner of something while married because the property has passed into his possession through inheritance or donation, this property will not be considered subject to division. The property that was purchased before marriage is also considered separate, except for cases when the spouse who did not acquire this property made contributions during the marriage to increase its value.

Divorce without a lawyer in Arkansas

If the interested party applies for a divorce in Arkansas, it is possible to avoid the services of a lawyer. Depending on which county the spouses live, the process of divorce in the state of Arkansas can vary.

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Divorce forms in Arkansas

In order to begin the process of divorce, the spouses need to file divorce form documents with the court. State law offers couples a variety of Arkansas divorce papers that you can sue, but not all of them you should prepare. The spouses must prepare and sue only those papers that correspond to the circumstances of their divorce. Arkansas Legal Services provides useful information on its website, as well as various variations of divorce forms that can be filled, the most common of which is "Complaint For Divorce".

Uncontested divorce in Arkansas

Uncontested divorce in Arkansas

Arkansas gives its citizens the opportunity to get an uncontested divorce. The ground of uncontested divorce is that the spouses are ready to cooperate with each other and solve the issues that appear in their divorce together.

So, in order to obtain an uncontested divorce in Arkansas, the pair must meet the following criteria:

  • the spouses do not have common minor children. In case if there are children, the husband and wife agree on how the custody will be distributed after the divorce, as well as how it is necessary to distribute the child's visit hours and the amount of financial support, including insurance and expenses for dental service for the child;
  • the couple does not have a common property. In the event that the property is available, the spouses have reached a common decision regarding how to divide the property, including debts and additional sources of income;
  • if one of the spouses is applying for alimony, the couple has an agreement on the amount of financial support and duration of payments;

In other words, to obtain an uncontested divorce in Arkansas can those couples who have no disputable questions about their divorce.

In order to file a petition in court, one of the spouses must reside in the state for at least 60 days before the Arkansas divorce papers are filed with the court. The court also requires the couple to prove that they live separately and without cohabitation. This requirement can be fulfilled if a third person witnessed and signed an affidavit confirming the separation of spouses.

Contested divorce in Arkansas can be based on one of the following grounds:

  • spouses live separately for 18 months;
  • impotence;
  • adultery;
  • mental illness of one of the spouses, which lasts for three consecutive years;
  • criminal conviction, which was received by one of the spouses;
  • ill-treatment by one of the spouses;
  • personal humiliation, which means that the spouse made life unbearable for his or her partner;
  • one of the spouses is addicted to alcohol;
  • the spouse refuses to support his or her partner, while in fact he or she has such an opportunity;

The uncontested divorce in Arkansas can only be obtained if the couple has no disputes. The spouses should also agree on the reason for the divorce, which is indicated in your Arkansas divorce papers.

After you filling the Arkansas divorce papers in court, the spouses will need to wait at least 30 days before the court appoints the date of the first hearing.

How to serve divorce papers in Arkansas

If the sheriff could not contact the spouse, the interested person can hire a private process server, which will make several attempts to transfer the documents. In this case, the interested person will also receive a receipt if the spouse was served.

Certified mail. The interested person can deliver documents by mail if he or she is absolutely sure that your spouse will take them.

After the spouse is served the minimum waiting period is 30 days before the court will grant a divorce.

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Filing fees for divorce in Arkansas

Total fees will contain sum of Arkansas court filing fees and cost of using the service of online divorce in Arkansas. This cost may vary by county. It is possible to check with the local court officer to determine the exact amount.