According to the Centers for Disease Control (CDC), the divorce rate in Arkansas in 2019 was 4.0 per 1,000 residents. It is one of the highest rates among the states in the US. It means that people there quite often deal with breakup matters.
If you decide to get a dissolution of marriage, you should review basic divorce information. This article will instruct you on preparing divorce papers in Arkansas and what it takes to get an uncontested divorce.
Preparation of Divorce Forms
Getting a divorce begins the moment the documents are submitted. For obtaining it, you need to take a few pre-breakup steps.
Legal Form Preparation Options
There are several methods to prepare papers for divorce proceedings. First, you can hire a lawyer and leave it up to them. The second option is to do it yourself. And the third way is to complete divorce online.
Online divorce is an inexpensive tool for couples doing a DIY divorce without an attorney or who want to save money on the services of a lawyer.
The main advantage of online divorce companies over the first two methods is that spouses do not need to understand legal terminology and Family laws. Also, they do not need to choose the required paperwork and overpay lawyers for what you can do in a couple of hours or even less.
To quickly apply the application for divorce online, spouses need to agree on all marriage and divorce-related issues, including:
- property division
- child custody
- spousal support
Alimony is not always compulsory, provided that both spouses can maintain the same standard of living on their own as they did during the marriage.
If the spouses do not agree on at least one of the issues, they cannot have an uncontested divorce, disqualifying them from the services of a web divorce.
It is perhaps the only drawback of divorce over the internet.
Filling Out the Papers
Before filing for divorce, the petitioner needs to prepare a package of required forms. Depending on the details of the case and the requirements of the state and county where the couple or one of the spouses lives, the list of papers may differ.
One of the primary forms when filing for divorce is the “Complaint for Divorce.” The petitioner fills out the documents independently or with the help of the respondent if they are on good terms. It is worth clarifying that the spouse who applies for divorce in Arkansas is called the “plaintiff,” and the other spouse is called the “defendant.”
When filling out the documents for getting the dissolution in Arkansas, the petitioner has to point out the grounds for the divorce. In the state, a couple can file for a fault or a no-fault divorce.
According to the Arkansas Code, Title 9-12-30, reasons for divorce due to fault are:
- adultery;
- impotence;
- a conviction for a criminal offense against one of the spouses;
- mental illness for three consecutive years;
- personal humiliation, meaning that one of the spouses made life unbearable for the other;
- habitual intoxication;
- cruel treatment; or
- refusal to support a dependent spouse.
If a couple wants to file for a no-fault divorce in Arkansas, they should state that the partners have been living separately for 18 months.
Most people prefer to submit for a no-fault divorce as it is faster and significantly reduces the cost of a divorce. After all, the petitioner does not need to provide evidence of marital misconduct or answer questions they would like to avoid.
File with the Court
After you’ve filled out the paperwork using an internet divorce service or the assistance of an attorney, you should apply them to the county clerk. Submit the papers in the county where you or your spouse live. State law requires that both spouses reside in the state for at least 60 days before filing with the court.
When filing documents, the petitioner has to pay filing fees. Fees may differ from county to county. Therefore, you should clarify the payment amount in advance and double-check the list of prepared forms with the clerk by calling or stopping by.
Arkansas has a 30-day waiting period after the court has accepted the documents. It means that you have to wait at least 30 days to obtain a divorce decree. During this time, you must serve your spouse.
Serving the Spouse
Serving your spouse is a mandatory step in the divorce process. It is necessary so that your soon-to-be-ex is notified of your intention to divorce and has the opportunity to protect their interests in court.
You can serve your spouse using a sheriff, registered mail, or by publishing a notice in the local newspaper. If you and your spouse are on good terms and agree with all the points of the divorce case, the petitioner can provide the court with the “Entry of Appearance and Waiver of Service of Summons.” This form must be signed and certified by the second partner.
Final Words
Divorce does not always mean hassles and battles between spouses in the courthouse. On the contrary, many couples, for the common good, agree to end the breakup as quickly as possible. The main thing, in this case, is to take a responsible approach to fill out the papers and submit them correctly the first time.
