The process of filing for divorce varies by state. However, the divorce laws in Arkansas are similar to the ones in other states.
If you are looking to file for a divorce in Arkansas, there are specific steps you’ll need to go through. Missing any of these steps can make the divorce process take longer and be more difficult.
Below, you’ll learn the key steps on how to file for a divorce in Arkansas.
How To File For Divorce In Arkansas
1. Meet The Residency Requirements
Before you can file for a divorce in Arkansas, the first thing you need is to meet the residency requirements in the state.
The residency requirement in Arkansas to file for a divorce is that one of the spouses must be a resident of the county in which they file for divorce for at least two months (60 days).
2. Preparing Your Forms
The second thing you’ll need to do to file for a divorce is to prepare the forms that the state requires. The first form to complete is the Complaint For Divorce form.
Depending on the county where you or your spouse live, you may have to fill out additional forms as well.
If you have specific grounds for filing for a divorce in Arkansas you can include those on the official forms you file. You can file for a divorce on the following fault grounds:
- Intentional Desertion
- Abuse and cruel treatment
- Impotence
- Alcohol abuse
- Adultery
- Insanity with at least 36 consecutive months confinement in a mental institution, hospital, or other institution because of insanity
- Felony conviction
- Humiliation of one spouse
- Lack of support
Arkansas is also a no-fault divorce state. A no-fault divorce can be filed by stating that the marriage is irretrievably broken.
You can also file for a no-fault divorce if you and your spouse have been living separately for 18 months or more.
3. Filing For A Divorce
You will file for the divorce in the county’s courthouse, where one of the spouses resides. After filing for your forms, you are required to pay a court fee.
The average filing fee in Arkansas is $165. If you cannot afford the filing fee, you may ask for a fee waiver.
If you are the supposed defendant and your spouse filed a divorce against you, you need to respond as quickly as you can. Otherwise, your spouse can get a default/uncontested divorce.
4. Serving Your Forms
There are multiple ways in which you can serve your spouse the divorce complaint. These three ways are:
- Through a sheriff’s deputy
- By mailing the documents to your spouse through a registered U.S. mail letter
- You can also deliver it to your spouse or their attorney if they signed an Entry of Appearance and Waiver of Service of Summons.
Once service is completed, The spouse served has 30 days to respond.
But if your spouse is in jail, deployed in the military, or you cannot locate them, you may have to try another way of serving your forms. You can check with the court clerk about service in these situations.
5. Financial Disclosure
During the divorce, there has to be financial disclosure between the two spouses regarding the following:
- Income
- Assets
- Liabilities
- Tax returns
- Bank statements
- Credit card statements
- Personal financial statements
- Other financial documents that your spouse and the court must know