Top Resources for Divorce in Arkansas
- Process to file for divorce in Arkansas
- Arkansas Divorce forms and papers
- How much does a divorce cost in Arkansas?
- How to serve divorce papers in Arkansas
- DIY divorce process in Arkansas without lawyers
- Contested Arkansas divorce
- Uncontested Arkansas divorce
- Legal separation vs. divorce in Arkansas
- Where to file for divorce in Arkansas
- Alimony in Arkansas
- Attorney fees in Arkansas
Important Information About Divorce in Arkansas
What is the waiting period in Arkansas?
No-fault divorce: you need to be separated for 18 mo; otherwise must have "fault"
What is the what is considered the separation date? in Arkansas?
Equitable property
What is the property (e.g., separate property / equitable property) in Arkansas?
$165 + https://static.ark.org/eeuploads/pulaski/Court_Filings_Fee_Schedule.pdf
What is the filing fee in Arkansas?
Yes
What is the joint petition possible? in Arkansas?
In Forma Pauperis (also known as a fee waiver): https://arkansasjustice.org/wp-content/uploads/2021/05/In-Forma-Pauperis-Instructions-1.pdf
What is the how do you waive filing fee? in Arkansas?
- Too young to legally marry
- Mentally unable to understand and consent to the marriage
- Incapable of marrying due to physical causes
- Consent to marry was obtained through fraud or force
https://a.arlawhelp.org/divorce-separation-annulment/annulment
What is the annulment rules in Arkansas?
non-contested joint petition
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Arkansas?
Plaintiff and Defendant
What is the what are the parties divorcing called? in Arkansas?
The plaintiff may serve the defendant using a process server or deputy sheriff or by sending the paperwork by certified mail.
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Arkansas?
One of the parties must live in Arkansas at least 60 days before the plaintiff files for divorce. Any children of the parties must live in Arkansas for six months before the court can decide custody and visitation.
What is the what are the residency requirements for divorce? in Arkansas?
No
What is the does it matter who files first? in Arkansas?
30 Days
What is the what is the deadline for the response (or equivalent) in Arkansas?
Yes, unless a no-fault
What is the are the parties required to go to court? describe in Arkansas?
No
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Arkansas?
If you want a no-fault divorce in Arkansas, you must use a separation of at least 18 months as your grounds for divorce. Otherwise, you must file for fault divorce in that state.
What is the is separation required before you can finalize your divorce? in Arkansas?
Both/either
What is the no-fault state? in Arkansas?
-impotence
-a felony conviction
-alcohol abuse for at least one year
-cruel treatment that endangers the other spouse's life
-behavior which results in intolerable humiliation, embarrassment, or shame to the other spouse
-adultery
-incurable insanity, and
-willful failure to support the other spouse despite a legal obligation to do so. See Ark. Code § 9-12-301(2020).
What is the if fault, what are the grounds? in Arkansas?
Yes
What is the permanent alimony/spousal support? in Arkansas?
COurts look at income, job history, employment potential, education, and the standard of living enjoyed during the marriage. May award permanent support.
What is the alimony/spousal support rules in Arkansas?
each parent's share of child support is equal to that parent's pro-rata portion of the parents' combined income.
What is the child support rules in Arkansas?
same as standard divorce
What is the military divorce rules in Arkansas?
No
What is the is there an official spousal support calculator? if yes, link in Arkansas?
https://www.arcourts.gov/child-support-calculator/ChildSupp.html
What is the is there an official child support calculator? if yes, link in Arkansas?
You can file as a single person if you are divorced or legally seperated on or before Dec 31st
What is the when are you able to file taxes as a single person? in Arkansas?
If you wish to legally separate from your spouse in Arkansas, you can do so through a formal separation agreement. This agreement must be signed by both spouses. It can contain legally enforceable agreements such as spousal support and child support arrangements, property division agreements, and more.
If you and your spouse are unable to create an agreement on your own or with the help of a lawyer or legal coach, the state will hold a hearing for you. At that time, a judge will determine your separation terms.
It is usually preferable for couples to retain autonomy over their separation agreement by creating it themselves. If you want to do this but are struggling to collaborate with your spouse, consider a flat-rate mediation session. A mediator is a trained specialist who can help you iron out the details of your agreement.
More information about separation in the state of Arkansas can be found here.
What is the can parties legally separate? if so, how? in Arkansas?
Circuit court clerk's office in the county you have residency
What is the where do you file for divorce? (e.g., resident county, etc.) in Arkansas?
- Fill out the necessary forms and make 3 copies of all (3 packets)
2. GO TO the Clerk of Court filing counter. The Court is open from 8am-5pm, Monday-Friday. You should go to the Court at least two hours before it closes.
3. PAPERS: Hand all three (3) sets of your court papers to the Clerk along with the filing fee. MAKE SURE YOU GET THE FOLLOWING BACK FROM THE CLERK:
Your Set of Copies
Your Spouse's Set of Copies
4. READ the packet called “Service of Court Papers” that applies to your situation. This will explain how to serve the other party.
5. REMEMBER to file your Affidavit, Waiver or Acceptance of Service as soon as the Respondent is served.
What is the what are the rules for filing in this place? in Arkansas?
- Complaint for Divorce
• Entry of Appearance, Waiver of Service of Summons, and Waiver of Notice
• Affidavit of Service by Mail
• Decree of Divorce
What is the what are the primary documents generated for divorce called? in Arkansas?
If you want to change your name because of divorce, there will be an opportunity to address this during the court proceedings for the divorce. Your divorce decree can then be used as proof of your name change for other purposes, such as getting a new Social Security card and driver's license.
If you do not request to change your name while filing for a divorce, but want to afterwards, you will have to go through the process petitioning to change your name as an adult. You will list the divorce as your reason for requesting the name change.
What is the can you change your name during the divorce process? if so, how? in Arkansas?
Almost never (the judge will wait to grant it after the baby is born)
What is the can you finalize your divorce while pregnant? if yes, how? in Arkansas?
The courts prefer to wait until after the baby is born to address paternity. The court can then determine if appropriate child-related orders, such as child support, need to be included.
What is the if you can't divorce while pregnant, what are the rules to get a divorce after pregnancy? in Arkansas?
Arkansas law specifically states that “no same-sex marriage shall be recognized as entitled to benefits of marriage.” Ark. Code Ann. § 9-11-208(a). As such, domestic partnership documents are not comparable to marriage documents, such as a marriage license or divorce decree.
https://secure.ssa.gov/poms.nsf/lnx/1502707005
What is the info on ending domestic partnerships (formerly "can you end a domestic partnership at the same time as divorce") in Arkansas?
In any divorce involving family support (such as child support), you're obligated to file an Affidavit of Financial Means with the court. This document requires you to provide a great deal of data about your income and assets, including attaching documentation to back up your figures.
What is the are financial disclosures required? if so, explain in Arkansas?
https://arlegalaid.org/
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Arkansas?
No.
What is the is there common law marriage? in Arkansas?
https://www.arcourts.gov/administration/acap/efile
What is the e-filing? in Arkansas?
Maybe
What is the e-filing? in Arkansas?
Depends on if the court will let you do an affidavit instead
What is the court required? in Arkansas?
The absolute earliest that an Arkansas court can grant divorce is 30 days after the complaint is filed. (Ark. Code § 9-12-307 (2022).) However, even uncontested divorces usually take longer than 30 days to complete. After 30 days have passed since the filing, you must request a hearing date from the court clerk. At the hearing, you'll present your settlement agreement and evidence supporting your divorce complaint to the court.
What is the more divorce information: in Arkansas?
Some Arkansas judges allow couples to get an uncontested divorce "by affidavit"—meaning there won't be a hearing—when the defendant spouse signs a waiver of service form. You'll still have to file a deposition—a sworn statement about the facts of the case—and will still have to have a witness file, one, too, in order to back up your residency and separation claims. Once the judge reviews these depositions, they might grant the divorce decree without a hearing. You can ask the court clerk if the judge in your case allows divorce by affidavit. You can find sample depositions on the Arkansas Law Help website.
Sources:
https://www.arcourts.gov
https://arkansasjustice.org
