how to file for divorce in arkansas without a lawyer uncontested

Six steps to an Arkansas divorce.

• Initiate the divorce process.
• Notify your spouse.
• Decide whether to pursue an uncontested divorce or a contested divorce.
• Decide whether to hire an attorney or not.
• Resolve the three big issues.
• Finalize all paperwork.

Full Answer

Can you get a do it yourself divorce in Arkansas?

 · No-Fault Divorce. In Arkansas, to file for a no-fault divorce, in the complaint, you must state that you have been living separately from your spouse voluntarily for 18 months continuously without cohabitation. In the case of an uncontested divorce, you will require to submit a witness affidavit. Or, in the case of a contested divorce, you must have a witness who …

Who is the plaintiff in an uncontested divorce in Arkansas?

You can also visit the Arkansas Legal Services website for self-help divorce forms. If you are not a resident of Arkansas, you should file the complaint in the county where your spouse lives. The complaint should state the grounds for divorce, which spouse has resided in Arkansas for at least 60 days, that you and your spouse are separated, and the length of time you and your spouse …

What are the requirements for a no-fault divorce in Arkansas?

Prior to filing for divorce, at least one spouse must have lived within the state of Arkansas for at least sixty days. 1. The spouses must also prove that sufficient grounds exist for them to seek a divorce under Arkansas law. 2 There are five at fault grounds.

What forms do I need to file for divorce in Arkansas?

Let us go through the criteria for filing a divorce in Arkansas first. Residency – Either you and your spouse must be a resident in Arkansas for a minimum of two months before you apply for divorce. Separation Period – Filing a no-fault divorce in Arkansas, a couple must voluntarily live separately without cohabitation for a minimum of 18 months. However, if there is any …

How long does an uncontested 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. If everyone is agreeable, then we can get a divorce completed, realistically, within about 45-60 days.

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.

Can I file my own divorce in Arkansas?

Do-It-Yourself Divorce in Arkansas. You can handle your divorce by yourself without an attorney and a do-it-yourself divorce is a good option if the divorce is uncontested i.e. where there are no children, if the property involved is minimal and if your spouse and you agree on most of the issues.

How do I file a no contest divorce in Arkansas?

Requirements for an Uncontested Divorce in Arkansasimpotence.adultery by either spouse.mental illness for three consecutive years.a felony conviction for one spouse.cruel treatment.personal indignities, meaning a spouse has made life intolerable for the other.habitual drunkenness, or.More items...

What is the fastest way to get a divorce in Arkansas?

The fastest way to get a divorce in Arkansas is with an “uncontested divorce”. Both spouses must be in agreement about the divorce, or one party must have proof of the grounds of the divorce to claim in their filing.

Can I file for divorce online 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.

How much does it cost to file divorce papers in Arkansas?

$165Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesArkansas$165Average fees: $8,000+California$435 (Ask for a fee waiver)Average fees: $14,000Colorado$230Average fees: $11,000+Connecticut$360 (excluding paternity legal action)Average fees: $12,000+48 more rows•Jul 21, 2020

Can you divorce without a lawyer?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

Do you have to go to court to get divorced?

In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.

Does Arkansas Legal Aid help with divorce?

What kinds of cases does Legal Aid accept? Legal Aid handles civil legal cases through our four workgroups. The Protection from Domestic Violence group handles guardianship, divorce, custody/visitation, and order of protection cases.

How long after divorce can you remarry in Arkansas?

Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodAlabama60 days to third person; none if to same personAlaskaNoneArizonaNoneArkansasNone47 more rows

What is an uncontested divorce?

An uncontested divorce means that both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they can proceed with an uncontested divorce.

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.

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.

Why are uncontested divorces filed on no fault grounds?

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.

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.

What are the basic requirements for filing a divorce?

Before you apply for a divorce in the state of Arkansas, it would be helpful to learn about the basic process beforehand. Your state laws might be slightly different from others, but the basic requirements for filing a divorce are similar. Let us go through the criteria for filing a divorce in Arkansas first.

Where to file the divorce?

If you are an Arkansas resident and want to apply for divorce, you will have to file in the Chancery Court of your respective county. If your spouse also resides in Arkansas, but you don’t, you will have to file the divorce in the county where your spouse lives. The papers can be submitted online or in person at the respective county court.

How do you start filing?

The first step is filing a divorce complaint. If your divorce is uncontested, you and your spouse can simply reach an agreement on property division, child custody, and alimony if applicable. When you and your spouse have an agreement in place, it can reduce the process down to a single court hearing.

Terms of an uncontested divorce

By uncontested divorce, we mean divorce cases where both spouses have agreed on the divorce grounds and all divorce terms.

How to properly prepare your divorce forms?

The entire divorce process starts with preparing your application for divorce. There are several options on how to do this. Couples can do it themselves after obtaining the forms free from the court, paying an attorney to handle the paperwork, or using online services.

Division of property and debts in Arkansas

The dissolution of marriage would be associated with property division and debts. If you cannot agree on property division on your own, the Judge must decide the matter.

How to handle child custody?

The issue of child custody will arise if you and your spouse have any minor children. As per Arkansas law, the Judge will determine child custody according to the welfare of a child. The child’s best interest will be paramount, and the sex of the parent will not serve as a factor in deciding child custody.

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) …

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 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.

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

For a no-fault divorce in Arkansas you need to state in the Complaint that “the parties have been voluntarily living separate without cohabitation for 18 continuous months.” 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. If you don’t want to wait for 18 months of separation, you will need to use one of several fault-based grounds. However, you will then need to prove the grounds, which will make the process more complicated.

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.

What happens after a divorce decree is signed off?

Final Filings – Once the Judge has signed off on the Decree of Divorce, we file everything with the Circuit Court Clerk. Once those documents are filed, you are officially divorced.

What is a decree of divorce?

Decree of Divorce – We prepare the Decree of Divorce – This document is what the judge will eventually sign to grant the divorce. This document will also state that all the provisions you agreed to in the Agreement will now be the order of the Court and shall be enforced by the Court if necessary. In short, the Judge puts her authority behind your agreement.

What is the signer party in divorce?

Signing Party – Once all the provisions of the divorce have been agreed upon and outlined in the documents mentioned above, both parties sign them. This can be done in our office. Sometimes the opposing party does not want to come in, we are more than happy to send copies via mail or email so that he/she can review them and sign when ready.

How many parties do you need to appear for child custody?

If there are no child custody issues, or if one of the parties is taking primary custody of the children with the other spouse receiving visitation, only one party needs to appear.

Can a single attorney represent both parties in Arkansas?

Please note that in Arkansas, a single attorney or firm cannot represent both parties. The potential for conflict is too great. For that reason, we will only meet with one of the parties at the initial meeting. The party that comes in for the appointment will be considered our client. If, later, the other party comes into our office (i.e. to sign the documents) we may ask them to sign a document stating that they understand that we are not their attorneys and that we cannot give them legal advice.

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

You just print them, sign them in front of a notary, and file them with your local court. In Arkansas there is a mandatory 30-days waiting period for all cases, regardless of whether the spouses have settled all the divorce issues or not.

How does a judge complete a divorce?

The judge will complete your divorce by reviewing the divorce agreement and signing the Judgement.

What is the Difference Between Divorce and Separation in Arkansas?

A legal separation agreement tends to function a lot like a divorce but it does not end the marriage. Like divorce, a separation agreement can be used to resolve issues such as dividing property, child custody, child support, and alimony. If accepted by the judge, a separation agreement is legally binding and can be enforced in court.

What Paperwork Do You Need to File for Divorce?

To start the process for a divorce, a Complaint for Divorce must be filed by one of the spouses in a proper Arkansas local court. In order begin the process, one spouse must file a Complaint for Divorce with the proper local court. If the spouse filing for divorce is an Arkansas resident, the proper court is their local county court.

Community Property vs. Separate Property

Community property, or marital property, consists of most of the assets and debts that a couple acquires during the marriage. On the other hand, separate property, is the property that a spouse owned before the marriage or received during the marriage as a gift or inheritance.

What Should You Do if There are Children Involved?

As part of the divorce the judge will issue a child custody order and parenting plan that will detail the parental rights and obligations over the marital children. Child custody can be very complicated and stressful, so if you have concerns about child custody it is important to talk to a lawyer.

Do You Need to Pay Alimony?

When the judge declares a divorce, it is possible that he will order one of the spouses to make temporary alimony payments. A judge may impose alimony payments if he finds that one spouse has financial need and the other spouse can pay.

Where Can You Find the Right Divorce Lawyer?

Going through a divorce can be an emotionally charged experience and involves complicated legal issues related to property division, child custody, child support, alimony, etc. If you are looking for an attorney to aid you navigate this process, then contact a local Arkansas divorce lawyer today to get the help you need.