how to self file for divorce in arkansas without a lawyer

by Mr. Harvey Shanahan III 4 min read

Online Divorce Without a Lawyer in Arkansas You just complete the questionnaire and wait a couple of days. When everything is ready, we will send you an email with your completed divorce forms package. You just print them, sign them in front of a notary, and file them with your local court.

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How do I file for divorce in Arkansas without a lawyer?

Feb 25, 2022 · 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 and it must also state the grounds for …

What are the residency requirements for a divorce in Arkansas?

Apr 10, 2017 · 2 attorney answers Posted on Apr 10, 2017 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... 1 found this answer helpful

Is Arkansas a no-fault state for divorce?

Online Divorce Without a Lawyer in Arkansas You just complete the questionnaire and wait a couple of days. When everything is ready, we will send you an email with your completed divorce forms package. You just print them, sign them in front of a …

Do you need a witness for a divorce in Arkansas?

If you and your spouse agree on the divorce, then you can file yourself without a lawyer's help, saving you yet more time and money. Here are the steps to follow for a no-fault divorce. 1. Check your state's requirements for filing. Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated …

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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.

Can you get a divorce in Arkansas without an attorney?

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.

What's the cheapest way to get a 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.

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

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.

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

Unopposed divorces An uncontested divorce can arise in two instances, the first being a situation where the sheriff has served the summons, and your spouse fails to defend the action. In this instance, the court may grant you a decree of divorce by default.Aug 7, 2019

Can you get divorced without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

How can I get a divorce for free?

Legal Aid Divorce Help Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.Aug 24, 2020

How long do you have to be separated before divorce in Arkansas?

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.

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

What is a Uncontested divorce?

In an uncontested divorce, the husband and wife have to file a petition in the family court of the location where they last lived. After receiving the petition and recording the statement of both the spouses, the court adjourns the matter for 6 months.Oct 22, 2019

How can I get a quick divorce?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

Is adultery illegal in Arkansas?

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

What are the grounds for divorce in Arkansas?

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...

What is a divorce going to cost me in Arkansas? Can I afford it?

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...

Do I really need to hire an Arkansas divorce attorney?

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...

Does Arkansas grant divorces based on marital fault?

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...

Can I get maintenance or will I have to provide maintenance to my spouse?

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...

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....

Is Arkansas a 50/50 divorce state?

It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately betwe...

Can I change my name at the time of divorce?

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...

When can I file for divorce in Arkansas?

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...

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

Get Your Divorce Forms Completed Online

How does it work? We select and fill out the legal forms based on information the user provides to us by answering a list of questions on our website. Thus, we can ensure you that the prepared paperwork is adjusted following the state laws and unique circumstances of your particular case.

Online Divorce Without a Lawyer in Arkansas

You just complete the questionnaire and wait a couple of days. When everything is ready, we will send you an email with your completed divorce forms package. You just print them, sign them in front of a notary, and file them with your local court.

1. Check your state's requirements for filing

Check your state laws for any requirements for filing a no-fault divorce. For example, some states require that you and your spouse are physically separated for a period of time before filing. Additionally, your state may require proof of residency before filing for divorce.

2. Complete the no-fault divorce forms

Once you meet your state's requirements for filing, you should complete the applicable no-fault divorce forms, such as the petition for divorce. Contact your local county clerk's office for copies of these forms. Also, ask your local court about the required filing fees.

3. Discover if you have a no-fault uncontested divorce

If your spouse agrees to the terms of the divorce, your case will move through the court system quickly. If you and your spouse agree on provisions like the division of property and child support, your divorce is considered uncontested. You will then enter into a settlement agreement.

4. Determine if you have a no-fault contested divorce

If you and your spouse don't agree to all or some of the terms of the divorce, then you have a no-fault contested legal action. When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process.

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.

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.

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 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.

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.

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 is joint custody?

The modern trend is to try to keep both parents active in the lives of their children, which has led to the concept of joint custody. It all still comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made.

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.

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?

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 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.

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 wait to file for divorce?

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

How many fault based grounds for divorce in Arkansas?

There are 8 fault-based grounds for divorce in Arkansas. Any of these grounds must have happened in the 5 years prior to filing for the divorce and they have to happen in Arkansas.

What is it called when your spouse disagrees with your divorce papers?

This is called “contesting the divorce.”.

What does it mean when your spouse is impotent?

Impotence - 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;

What is adultery in divorce?

Adultery - Your spouse cheats on you after the marriage; Incurable insanity - When you and your spouse have lived separately for 3 years because s/he is incurably insane and has been committed to a mental institution for 3 years or more before the filing for divorce; or.

Is alimony permanent in Arkansas?

Alimony in Arkansas may be indefinite (permanent) or it can be rehabilitative (temporary). If the judge thinks it’s appropriate, s/he will order a reasonable alimony amount based upon the circumstances of you and your spouse and the nature of the case. 1.

Does Arkansas allow covenant marriage?

Note: Arkansas is one of a handful of states that allow covenant marriages aside from the traditional marriage. This is a different type of marriage in which, among other things, the couple agrees to counseling before the marriage and to more limited grounds for a divorce if they decide to get one in the future.

Is there a no fault ground for divorce in Arkansas?

Basically, this means that it was no one’s fault in particular that the marriage fell apart but that the reason for creating that union no longer exists. There is one no-fault ground for divorce in Arkansas: Separation - You and your spouse have lived separately for a continuous period of 18 months or more. 1.

Where to fill out divorce papers in Arkansas?

In Arkansas, this is typically done in the circuit court in the county where the petitioner currently lives.

How long do you have to live in Arkansas to get divorce?

Arkansas is no exception. One of the parties must reside in Arkansas for 60 days before they can file for divorce and another three months before the final judgment granting the decree of divorce [Arkansas Code; Title 9, Chapter 12-307].

What are the reasons for divorce in Arkansas?

There are two types of reasons for divorce in Arkansas - fault-based and no-fault. No-fa ult divorce is a type of divorce in which the dissolution of a marriage has taken place without any wrongdoing from either party. In Arkansas, that includes:

What is joint custody in Arkansas?

any acts of spousal or child abuse. An award of joint custody is favored in Arkansas if found to be in the child’s best interests. A child’s grandparent may also petition the court to request continuing contact with the child [Arkansas Code; Title 9, Chapter 13-101 and Arkansas Case Law].

Why do people file for divorce online?

An increasing number of people are preparing documents for divorce online because it can be done in the comfort of one’s own home.

What is the meaning of "age, wellness, and station in life"?

The age, wellness, and station in life of the spouses; The job of the spouses; The amount and all sources of income of the spouses; The employable skills of the spouses; The property, debts, and requirements of each spouse and the opportunities of each for further acquisition of such assets and income ; and.

What are the factors that determine a judge's decision in Arkansas?

In Arkansas, there are no set guidelines for judges to follow, but typically they consider the following factors: each party’s current and expected income, earning ability; each party’s resources, debts, and assets, including any award of marital property; the standard of living established during the marriage; and.

How to file for divorce without an attorney?

To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.

What to do if you cannot agree on a divorce?

If you cannot agree, you are likely to need the assistance of an attorney to protect your interests. Decide if a pro se divorce is appropriate for your situation. While some situations are easily handled on a pro se basis, others are far too complex to be handled pro se.

How much does it cost to file for divorce?

In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.

How long do you have to wait to get divorced?

Many states have waiting periods before your divorce can be granted. This waiting period may be as little as 60 days or as long as six months. If you and your spouse have minor children together, your state laws or local court rules may require you both to attend a parenting class for divorced or separated parents.

What is a provisional hearing?

For instance, you may have a provisional or preliminary hearing, which deals with temporary orders, usually dealing with children and possession of the marital residence and vehicles, while your divorce is going on. You may also have a final divorce hearing, at which the court is likely to grant your divorce.

Where to file divorce petition?

File the necessary forms with the clerk’s office. This is the first step to formally placing your divorce petition on file with the court. The clerk’s office will require you to file a certain number of copies of the documents, along with the original documents.

Do you have children together if you are married?

You have been married for a relatively short period of time. You have no children together, or you and your spouse agree on all matters relating to the child (ren), including custody, visitation, and child support. You and your spouse don't have a lot of money, marital property, or shared debt to divide.

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