how to file for at fault divorce in arkansas without a lawyer

Step-by-Step Guide.

• Step 1: Prepare and File Your Divorce Papers. The first step is to prepare all the necessary paperwork. For an uncontested divorce, you need to file a ...
• Step 2: Serve Your Spouse.
• Step 3: Attend a Divorce Hearing.

Full Answer

Which states have no fault divorce?

The Defenses Attached to a Fault Divorce

• Condonation: This means that the accusing spouse condoned the actions of the other while the marital misconduct went on
• Connivance: This means that the accusing spouse sets up the other spouse to engage in the activities being complained of
• Provocation: This means that one of the spouses incited the other to react in a wrong way

More items...

How do to obtain a no fault divorce?

• The marriage is irretrievably broken;
• Both spouses agree to the divorce; and
• There are no unresolved financial issues between the parties

Should I file for fault or a no fault divorce?

Filing a no-fault divorce can save a lot of money because nobody has to prove fault. The addition of no-fault divorce in New York has often eliminated extended trials just to prove the grounds for divorce. Getting a New York divorce is now easier and less costly if spouses file for a no-fault divorce.

Should we get rid of no fault divorce?

Yes we get rid of no fault. But then we replace it with something that addresses the rare legitimate times when couples should be able to divorce. If a man has by his horrible behavior of gambling addiction, drug addiction, failure to keep a job, abuse or infidelity then the woman gets full custody.

How much does it cost to file for divorce in Arkansas without a lawyer?

How Much Does it Cost to File for Divorce in Arkansas? You'll need to pay a filing fee of approximately $165 when you file a petition for divorce in Arkansas, although fees may vary from county to county. You should check with your local court for the most up-to-date information.

What are the acceptable grounds for fault based divorce in Arkansas?

Fault-based groundsImpotence - Your spouse was impotent at the time of the marriage and continues to be impotent;Felony conviction - Your spouse is convicted of a felony or other “infamous crime;”Drunkenness - Your spouse has a habit of getting drunk continually during a one-year period or a longer period of time;More items...•

Can I file my own divorce in Arkansas?

A do-it-yourself (DIY) divorce will be the cheapest route to ending your marriage, but it will take some time and attention to detail to make sure you have all the right forms, fill them out correctly, and follow all of the steps and requirements for divorce in Arkansas.

Can I get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How long does a no-fault divorce take in Arkansas?

Uncontested divorces. 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.

Does it matter who files for divorce first in Arkansas?

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. The spouse who files for divorce will have to state a “ground”, or a reason, for the divorce.

Can you get a divorce without the other person signing the papers?

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.

How do you prove adultery in Arkansas?

Proving adultery Proof must exist that one spouse stepped out on the marriage with someone else. Evidence to support the allegations may include things like: Bank records. Emails or text messages.

Is online divorce legal 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.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

Can you get a quick divorce?

It Is Possible to Get a Quick Divorce The divorce process does not have to take years or even months. If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

Requirements for an Uncontested Divorce in Arkansas

To file for divorce in any state, you must meet the residence rules. They may vary slightly from state to state. In Arkansas, one of the spouses must have lived in the state for at least 60 days.

Grounds for Divorce in Arkansas

While a do-it-yourself divorce typically involves no-fault grounds, it doesn’t hurt to discuss all the legal grounds for divorce in Arkansas, including those that imply guilt. So:

Step-by-Step Guide

So let’s take a closer look at each of the steps in the divorce process. First, we will discuss the standard steps for any divorce in Arkansas. However, depending on your specific situation, they may change — there may be more or less of them. But first things first.

2. Divorce in Arkansas FAQ

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 What are the grounds for divorce in Arkansas?Does Arkansas grant divorces based on marital fault? (4) …

4. Online divorce in Arkansas

Online Divorce in Arkansas Without Lawyer Fees ➥ Quick & Cheap ➥ Get Your Divorce Forms | ☎ 1 866 927-1400. (9) …

5. 3 things you should know before filing for divorce in Arkansas

Jan 9, 2018 — Staying married is hard work no matter your age, income or disposition. Unfortunately, many marriages don’t survive the Divorce. (14) …

6. Arkansas Divorce Laws

The requirements are as follows: A spouse must be a resident of the state of Arkansas for at least 60 days prior to filing for the divorce and the divorce will Can you locate your spouse?: Yes NoState of Residence: Choose State Alabama Al (17) …

7. Arkansas Divorce Laws – What You Need to Know! – LawInfo

Without a legal ground for the divorce, the process takes much longer. Residency Requirements and Time Frames. The residency requirement for a divorce in (21) …

8. Arkansas Divorce Law – HG.org

Filing: The Complaint for Divorce may be filed in the Circuit Court of the county where the Plaintiff (filing party) resides unless he/she is a (24) …

10. Arkansas Divorce Laws – MaritalLaws

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 (29) …

What are the grounds for divorce in Arkansas?

Grounds for Divorce. Grounds are legally recognized reasons to get a divorce , severing the marital relationship. Arkansas, like most states, has what are commonly called no-fault grounds for divorce, as well as more traditional fault-based grounds.

Where to file for divorce in Arkansas?

Where to File. If you are an Arkansas resident, you will file your divorce in the Chancery Court of the county where you live. If your spouse is a resident of Arkansas but you are not, you will file in the county where your spouse lives.

What happens if you divorce a married couple?

A divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise .

How long do you have to live apart for a divorce hearing?

In either case you will need to offer either an affidavit of a witness (in an uncontested case), or the testimony of a witness (in a contested case), who can verify that you and your spouse have lived apart for 18 months.

How long does it take to get divorced in Arkansas?

Residency. In order to file for divorce in Arkansas, either you or your spouse must be a resident of the state for at least 60 days before filing, and at least 3 months before a judgment is entered.

How is child support determined in Arkansas?

Child support is determined by taking into account the needs of the child, and each parent’s relative ability to meet those needs. This is determined by reference to the Arkansas child support guidelines chart, which is available from the Chancery Court Clerk.

Is alimony a lump sum in Arkansas?

Alimony in Arkansas. Arkansas alimony law provides that alimony may be awarded as “reasonable from the circumstances of the parties and the nature of the case.”. Fault may be considered. Alimony may be awarded for a limited or an indefinite period of time, and in a lump sum or in installments.

Where to file a complaint for divorce in Arkansas?

To start the process for an uncontested divorce in Arkansas, you should file a "Complaint for Divorce" in the circuit court clerk's office of the county where you live. To learn more, visit this link to the Arkansas Circuit Courts website. You can also visit the Arkansas Legal Services website for self-help divorce forms.

What is an uncontested divorce in Arkansas?

The spouse filing for an uncontested divorce is the "plaintiff," and the other spouse is called the "defendant.". In an Arkansas uncontested divorce, the plaintiff must provide a reason, or grounds, for divorce. Arkansas allows no-fault divorce based on the grounds that the spouses have been living separately for 18 months voluntarily.

Why are uncontested divorces filed?

Most uncontested divorces are filed on no-fault grounds because it's simpler: the spouses aren't blaming each other for the divorce, and neither spouse has to prove that the other spouse committed some sort of marital misconduct. In most uncontested divorces, spouses must agree on the terms of the divorce in a settlement agreement.

What happens if you don't live with your spouse in Arkansas?

If your witness can't attend the hearing, the court will accept a signed and notarized affidavit from the witness who states that you or your spouse is a resident of Arkansas and that you don't live with your spouse. If you have signed a settlement agreement, you will present it to the judge at the hearing.

What is the settlement agreement for divorce?

In most uncontested divorces, spouses must agree on the terms of the divorce in a settlement agreement. The settlement agreement will resolve the following issues: property division, debt division, child custody, child support, visitation, and alimony.

How long do you have to live in Arkansas to file for divorce?

To file for an uncontested divorce in Arkansas, at least one spouse must have lived in the state for at least 60 days. (Ark. Code Ann. § 9-12-307 (a) (1) (A).) The court also requires proof that the spouses have separated and don't live together.

How long do you have to wait to file for divorce?

The court must wait at least 30 days after receiving the complaint for divorce before scheduling a hearing. (Ark.

Scott Allen Scholl

Technically, you do not have to have a lawyer to file for divorce. You are free to represent yourselves. With that said, you need to ask yourself whether or not you feel comfortable representing yourself if you're not sure how to 'tweak' the legal aid forms. If you fail...

Janice Gail Roven

There are a lot of issues here. I suggest that you consult with an attorney to see what your rights are. There are financial issues and access issues . There may be some pro bono attorneys associated with the court system. More

How to file for divorce in Arkansas?

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.

What are the grounds for divorce in Arkansas?

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;

How long do you have to be a resident of Arkansas to file for divorce?

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.

How long do you have to file a complaint for divorce?

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.

What does it mean to have a diligent attempt to serve your spouse?

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.

How long does a divorce hearing last?

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.

How long does it take to get divorced?

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.

What is a no fault divorce in Arkansas?

A no-fault divorce in Arkansas means that the spouse who files for divorce (the Plaintiff) can be granted a divorce without having to prove that the other spouse (the Defendant) did something wrong. A no-fault divorce can be granted under Arkansas law where the parties have lived separate and apart from one another ...

What to do if you are considering divorce in Arkansas?

If you are considering a divorce, or your spouse has filed for a divorce, you should consider discussing your situation with an Arkansas divorce lawyer to determine the best steps to protect your privacy and interests. A divorce attorney in Arkansas can help you determine the grounds for divorce that will best fit the situations you are facing.

What does "general indignities" mean in divorce?

In the context of divorce law, the phrase “general indignities” simply means that the other spouse treated the party seeking ...

What is the requirement for a divorce?

Another requirement is that the party seeking the divorce must have “clean hands” in order to be eligible to file for divorce. That means that if the Plaintiff files for divorce under the grounds of adultery (or another fault ground), then the Plaintiff must not have committed adultery (or the fault alleged), or no divorce will be granted.

How long do you have to file for divorce on fault grounds?

One of the requirements which applies to all fault grounds is that the grounds you are alleging must have occurred within five years prior to the date of filing.

Can a defendant pursue divorce?

Usually, this is just a formality in which the Defendant wants to ensure that the Defendant can pursue the divorce if the Plain tiff changes his/her mind about the divorce, or if the Plaintiff is not moving forward with the divorce as quickly as the Defendant would like.

Do you have to prove grounds for divorce if you are the plaintiff?

If you are the Plaintiff, you will be required to prove the grounds for divorce you have alleged unless the Defendant is willing to waive those corroboration requirements.

What Are the Grounds for Divorce in Arkansas?

Arkansas is one of the fault divorce states that require a spouse to prove that there are grounds for marriage termination. People most commonly list separation for 18 months and general indignities as the reasons to end the wedlock. Take a look at the table below for other common divorce reasons:

How To File for Divorce in Arkansas

If you want to file for a divorce in Arkansas, these are the steps you’ll need to take:

How To File for Divorce in Arkansas Without a Lawyer

In cases when spouses don’t have underage children and mutual property, or they agree on everything (alimony, property division, etc.), they can get a divorce without going to court or involving lawyers.

Create a Divorce Settlement Agreement in Arkansas With DoNotPay

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