How to File for an Uncontested Divorce in Arkansas Prepare and file your divorce papers. To start the process for an uncontested divorce, you should file a Complaint for Divorce in the circuit court clerk's office of the county where you live. Serve your spouse. Attend a divorce hearing.
For those seeking an inexpensive divorce in the state of Arkansas, online divorce can be an easy, affordable and fast solution. Online divorces may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at OnlineDivorce.com makes it easy on the client.
The plaintiff must tell the defendant about the divorce by serving them with the Complaint for Divorce and a summons. The plaintiff may serve the defendant using a process server or deputy sheriff or by sending the paperwork by certified mail.
Arkansas is an “equitable distribution” state when it comes to property division in the dissolution of a marriage. Parties to a divorce have the ability to personally divide their property by a signed settlement called a Marital Separation Agreement or a Property Settlement Agreement, which the judge must approve.
Cruelty. The deliberate and malicious infliction of mental or physical pain upon persons or animals. Phrases such as "cruel and inhuman treatment," "cruel and abusive treatment," or "cruel and barbarous treatment" are commonly employed in matrimonial law.
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.
The duration of payments is determined by a judge in Arkansas family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
“Irreconcilable differences” is a common reason for divorces in no-fault states. Arkansas is one of very few states that require proof that a spouse is at fault for the end of the marriage. All other divorce filings must state a fault, such as: Intolerable behavior (referred to as general indignities)
Legal separation is like divorce in that the process begins with one spouse filing a motion (request) with the court, the couple decides the same legal issues, and creates an agreement. In both legal processes, the court decides all issues if there are disputes over the terms of the divorce or separation.
Under Arkansas law, a divorcing couple must choose at least one of the following grounds for divorce: Adultery. Impotence. A spouse's felony conviction or conviction of a serious crime.