Full Answer
In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You will have to continue to be a resident of Arkansas for 30 days after you file your Complaint.
To file for divorce in Arkansas, you will first need a Complaint for Divorce or a Petition. This is your document which tells the court that you want a divorce and why. It also tells the court what else you want (i.e. custody).
At what point during the process can a spouse remarry or start dating during a divorce in Arkansas? Once the court finalizes your divorce, you or your spouse can remarry or start dating. Because Arkansas is a fault state for divorce, dating before the divorce is finalized can give the other side grounds for divorce.
Yes, in Arkansas in order to get a divorce, you will have to prove to the court that your spouse did something to you. The only way to get a divorce in Arkansas and not show fault is for you and your spouse to live separate and apart for 18 continuous months.
There is a 30-day waiting period in Arkansas. This means that the judge must wait 30 days from when you file your Complaint for Divorce to grant your divorce. Therefore, you will have to wait at minimum of 30 days. Most likely, you will have to go to court but it depends.
Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.
If your spouse does not respond within the 30-day timeframe, the court may decide to grant you a divorce on your terms. However, the court may impose additional requirements before granting your divorce. For example, you may have to reside in the State of Arkansas for a certain period of time.
Once the Judge grants your divorce you are for all practical purposes divorced from that moment on divorced. Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree.
Go online. Another way to check the status of a divorce is to go on the Internet. There are various websites available, such as vitalcheck.com, which will allow you to check the status of a divorce or obtain other records for a small fee.
Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.
This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.
Legally, a divorce is required to take at least a month. The law requires that 30 days pass between the day of filing and the entry of the divorce decree. If everyone is agreeable, then we can get a divorce completed, realistically, within about 45-60 days.
Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodAlabama60 days to third person; none if to same personAlaskaNoneArizonaNoneArkansasNone47 more rows
Once you have received your Decree Absolute confirming your divorce, you can remarry immediately. There is no waiting period before getting married again. It's important that you make sure your divorce has been finalised before you marry again.
You're going to have good days, and you're going to have bad days. I'm here for all of them. Sometimes the love of your life comes after the mistake of your life. I can't wait until you have your divorgasm, (which is when your divorce is final).
In short, yes. Court proceedings, including divorce records, are generally matters of public record. This means that various documents are out there for the taking. Divorce certificates and divorce decrees are among those available.
Arkansas is a fault state for divorce. This means whoever files for divorce must show that he/she has grounds or reasons to get a divorce from the...
The cost of a divorce can vary. Much of the cost depends on the other side — how much he/she is wanting to contest the divorce and how reasonable a...
If you and your spouse do not have any property (no land, houses, personal property of any real value, no retirement) or children, then you may be...
Yes, in Arkansas in order to get a divorce, you will have to prove to the court that your spouse did something to you. The only way to get a divorc...
When determining spousal support in Arkansas, the primary factor the courts will look at is whether one person can afford to pay spousal support to...
No, it doesn’t matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests....
It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately betwe...
If you want to change your name, you will need to make this request in your Complaint for Divorce, which is the document that tells the court you w...
In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You...
In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You will have to continue to be a resident of Arkansas for 30 days after you file your Complaint.
To file for divorce in Arkansas, you will first need a Complaint for Divorce or a Petition. This is your document which tells the court that you want a divorce and why. It also tells the court what else you want (i.e. custody). You will also need a Summons, which tells your spouse that you have filed a legal action against him or her.
The grounds for divorce in Arkansas are the following: Impotence; The other spouse was convicted of a felony; Habitual drunkenness; Cruel and barbarous treatment; Adultery; General indignities; Lived separate and apart for eighteen 18 continuous months;
If you are served with a Complaint for Divorce, then you have 30 days to file an Answer, which is a written response to the Complaint. If you or your spouse is incarcerated when served with the Complaint for divorce, then you or your spouse has 60 days to file an Answer.
Diligent attempts means that you have sent the divorce papers to the last known place your spouse was living. You will need to send the papers by cert ified mail, restricted delivery with return receipt requested or have a process server go to your spouse’s last known place of residence to attempt service.
For the most part, the judge will expect you to go to court to finalize the divorce. A hearing as described above, is very short, lasting about 10 minutes long. If your spouse has signed the divorce decree, therefore, making this an uncontested divorce then she/he will not have to go to court either.
However, as long as you can prove fault or prove that you and your spouse have been living separate and apart for at least 18 months, then the court will grant your divorce. You will have to be prepared to put on proof of fault or 18 months of separation. You can do this through witnesses or documentary evidence.
For a covenant marriage, you will have to wait for 2 years during which time there must have been no marital contact between you and your spouse.
For non-covenant marriages, at least one of the spouses must have been a resident in Arkansas for at least 60 days. If you do not live in Arkansas but are filing to divorce a spouse that does, you should file in their county of residence. For covenant marriages however, both spouses must be domiciled within the state before you can file ...
This period is 2 years for covenant marriages and 18 months for non-covenant marriages.
There are two basic types of marriage in Arkansas. They are the Covenant and non-Covenant marriage. Although these marriages have no difference in terms of the responsibilities of the spouses towards each other while it is ongoing, there are some material difference between them as regards procedure for creation and dissolution.
Divorce, in Arkansas, is initiated when one spouse files a “complaint” in a circuit clerk’s office in the county where they or their spouse resides. This complaint is the divorce petition essentially asking the court that the marriage be dissolved because of the reasons stated in it. There’s some way to go before the court actually grants ...
In a covenant marriage, it is generally understood that the parties are making a very real commitment towards staying with each other and building a family together. Due to this, there is a lot more emphasis on staying together and this intent is declared time and again all through the process of entering into the marriage.
For a non-covenant marriage, the waiting period is 18 months during which there was no marital contact.
In Arkansas, a divorce can be completed on average in a minimum of 540 days, with court fees of $165.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Arkansas for a minimum of two months.
The state of Arkansas requires that spouses suing for divorce to have lived in the state for a minimum of two months prior to filing divorce papers. Otherwise, Arkansas courts are not considered to have jurisdiction over the divorce case.
Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
A no-fault divorce is one where the spouses have been living apart for eighteen continuous months without being under the same roof. The court will grant an absolute decree of divorce to either party, even though one party may not be in agreement. A fault divorce is one where something has happened to get the complaint.
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
The court fees for filing the paperwork for a basic divorce in a Arkansas court is $165.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married. In some cases, Arkansas will grant a judicial separation court order to a married couple who wishes to live separately.
Child Custody in Arkansas. Child custody in Arkansas is based on several factors but is always driven by what is considered the best interests of the children. Courts have a fair amount of leeway in determining physical and legal custody and will base decisions on things such as: The sex and age of the children.
Child Support in Arkansas. Child support in Arkansas is based on the Percentage of Income Formula. Essentially, this means that the court looks at the amount of income that the noncustodial parent earns and then applies a percentage of that income for child support.
If a spouse is caught, they will be punished and may end up facing civil and possibly criminal penalties. A judge may also decide to award full value of the assets in question to the other spouse as part of the penalty. Read: How to Find Hidden Assets in a Divorce.
In Arkansas, property one spouse owned before a marriage, or property that was given to them by a gift or inheritance during a marriage is generally considered separate property and not subject to a division of assets. The exception to this is when separate assets are commingled with marital property during a marriage.
In Arkansas, vested and unvested pensions and retirement account assets are considered marital property. Any pension or retirement funds accumulated before a marriage or after a date of separation are considered separate assets and not subject to equitable distribution.
Domestic Violence. Arkansas law enforcement treats domestic violence as a serious issue in all cases. It may be a precursor to divorce but the primary concern in a domestic violence situation is for the immediate safety of all potential victims.
After a final divorce decree has been approved, legally splitting pensions and other retirement funds is done by having an attorney or a specialized firm create a qualified domestic relations order, more commonly referred to as a QDRO.
When your ex does not comply with your divorce decree, what steps can you take? If your ex-spouse willfully disregarded orders set forth in the decree, you may be able to file a motion for contempt. If the judge believes your ex willfully violated orders in the decree, he or she could hold your ex in contempt of court.
What happens if divorce decree is not followed? When it comes to contempt of court divorce charges, jail time is the most extreme remedy. In addition, attorney’s fees, monetary judgments, additional temporary orders and other remedies may be available for contempt actions.
Consequently, draining the account may qualify for contempt charges in divorce. However, those specifics need to be clearly spelled out (that the $38,000 bank account was awarded to her) when the orders are drafted, in order to be enforceable by contempt.
For example, along with jail time, a judge can take away a party’s driver’s license. The court can also take away their license to practice law, accounting license and so on, if there is a violation of divorce agreement.
For example, if the husband is supposed to receive bank account “A” with $38,000 in the account and the wife drains the account, that $38,000 bank account would be considered an asset on hand at the time of divorce.
In some cases, a judge may send the ex-spouse or parent to jail on weekends, so they can continue to work and earn money during the week—or every other weekend—so they still get to spend time with their child.
Not in every instance. Filing contempt of court divorce charges should only be done if your orders are actually enforceable by contempt and if your ex intentionally disregarded the orders, even though he or she had the resources to comply with them. The court’s goal is to “fix the problem” by getting people to comply with ...
Your circumstances will have an impact on how long it takes to get a divorce in Arkansas. In a no-fault divorce, you must live apart from your spouse for a minimum of 18 months. In a fault-based divorce, at least one spouse must prove they have lived in the state for at least 60 days.
You must be able to demonstrate that at least one of you have lived in Arkansas for at least 60 days. After you file, you must then serve your spouse with copies of the divorce papers to legally make them aware of the divorce petition.
A key element is that the former spouse must have been married to the former servicemember for a minimum of 10 years while the military member has served on active duty.
If you can’t locate the defendant, you must still prove to the judge that you completed service.
File Your Documents. In Arkansas, paperwork must be filed in the circuit court clerk’s office in the county where you live. If you don’t live in the state, you should file your complaint in the county where your spouse lives. You must be able to demonstrate that at least one of you have lived in Arkansas for at least 60 days.
Here are the most common types of divorce: Litigation. Mediation. Collaborative divorce. Do-it-yourself.
In all divorce cases, as long as other conditions have been met, then a couple is required to wait for a minimum of 90 days before the court grants a final petition. A final judgment may take longer depending on the venue, court backlog or other circumstances.
How to Divide Property in Arkansas After a Divorce. If a judge is dividing property in a divorce, they must divide it on an equitable basis. While this usually results in a near 50/50 split of property, it doesn’t always, and the judge can divide property unequally if they believe that is fair.
Rehabilitative alimony is ordered after the divorce, but only lasts long enough to give the supported spouse time to get the education or training they need to support themselves. Finally, there is permanent alimony, which lasts until death and is increasingly rare.
To start, one spouse files a divorce complaint in the county where they live. The other spouse is then served a summons, either by agreement or via a local sheriff’s department.
If both parties don’t agree to terms for the divorce, there will be a contested divorce. The filing process is the same, but the path diverges from there. After the second spouse is served, there will be a discovery process where both sides gather evidence and talk to witnesses.
For a fault divorce, you can claim the following grounds: Impotence. Conviction of a felony. Abusing alcohol for at least a year. Cruel treatment endangering the life of the other spouse. Causing intolerable humiliation, embarrassment or shame. Adultery.
Many married couples have an estate plan, but things change once you get divorced. During the marriage, your spouse likely would have gotten all your assets if you were to die. You may want to change that now. If you want assets to pass along to any minor children, you’ll need to establish a trust for them.
Arkansas offers both fault and no-fault divorces. No-fault divorces are available only if the couple has been living separately for at least 18 straight months. If a couple spends even one night together during that time, the clock starts over.