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.
The easiest and fastest way to get a divorce in Arkansas is an uncontested divorce. With this type, you and your spouse agree to end your marriage based on your personal, economic, or health situations. Additionally, you and your spouse agree on the division of assets and debts, as well as child custody and visitation.
Divorce 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
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.
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.
To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.
How long do you have to be separated before you can get divorced in Arkansas? You must live separately from your spouse for 18 months in order to be granted a divorce in Arkansas.
Online Divorce in Arkansas. Arrange an affordable uncontested divorce without a lawyer in the State of Arkansas. Using our service, you can avoid all the bureaucracy by letting us take them on for you. With Online Arkansas Divorce, you can receive completed divorce papers without leaving home.
Thus, the courts can deny you a divorce if the judge is convinced you haven't sorted all your kid's custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.Mar 21, 2021
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.
Adultery as a grounds Adultery is the act of cheating on a spouse during any point in the marriage. It is a physical act, not an emotional one under Arkansas law. When citing it as a reason for the divorce, the party alleging the misconduct may ask the court to favor him or her during various stages of the process.Nov 5, 2019
Arkansas is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
The first step to filing for a divorce in Arkansas is to fill out the proper forms and then submitting or filing them in the county court. The first form you must complete is the “Complaint for Divorce”, which must state that either your spouse or you have been a resident of the state of Arkansas for at least a period of 60 days ...
Residency: To file for a divorce in the state of Arkansas, your spouse or you must have resided in the state at least 60 days before you file for divorce and for at least 3 months until the judgment is given.
Covenant marriage is a legally unique type of marriage, where the couple getting married agree to undergo pre-marital counseling and if they seek for a divorce, later on, they agree to have more limited grounds . Arkansas is among the few states in the United States that has the provision for covenant marriage.
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.
In Arkansas, the child custody law determines the custody on basis of the best interests and welfare of the child irrespective of the sex of the parent.
If your spouse and you are not able to agree on the various terms of divorce such as property division, alimony, child custody and child support, etc. , then this is known as a contested divorce. This can be a long, expensive and difficult process, which may require you to hire an attorney to represent your case in the court, resolve the disagreements and protect your interests.
From the time that the divorce complaint is filed, it will take at least 30 days to get a judgment.
Fees to file for divorce in Arkansas vary from county to county but are generally around $150. For an exact filing fee, check with the county court where you plan to file. You will also need to pay a service fee to have your paperwork delivered formally to your spouse.
Annulment . Annulments are granted in Arkansas as long as specific grounds are met. An annulment means that a marriage is considered null, as if it never happened. Grounds for an annulment are met when someone is incapable of lawfully consenting to a marriage for any the following reasons:
In many cases, legal separation provides a much-needed time out and stepping away can often bring added perspective about what a couple will lose in a marriage and possibly give them time to heal from the issues that caused their marriage to come under stress.
Legal separation is a binding agreement between two spouses that covers the period of separation until a divorce can be finalized. It specifies how many issues are to be decided including child custody, alimony and child support, and a division of assets, among others.
To give yourself the best chance at achieving the best possible outcome, you need to be organized and proactive when it comes to pulling together the information you will need.
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.
conviction of a felony. habitual drunkenness for at least one year after the marriage began. cruel and barbarous treatment toward a spouse. behavior which results in intolerable humiliation, embarrassment, or shame to the other spouse. adultery.
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.
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.
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.
Covenant Marriage. Arkansas is one of a few states that have created a covenant marriage. You will know if you have a covenant marriage. To dissolve a covenant marriage you need to prove one of several designated fault-based grounds.
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.
Your property and debts will need to be divided. You and your spouse may agree on this. If the judge must decide the matter, Arkansas law allows each party to keep his or her non-marital property, which is:
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.
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;
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.
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.
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 want a divorce and why, and informs the court what else you are wanting. In the divorce decree or order, the court can add a provision reinstating you to your previous name.
However, even though you are not an attorney, the court will expect you to follow the rules of the court and of law. If you and your spouse agree on all terms of your divorce, then your divorce will be “uncontested.”.
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.