(Newswire.net — January 3, 2022) –The process of filing for divorce in Arkansas is quite different from other states. Therefore, you must understand the laws and rules specific to Arkansas if you want to apply for divorce there. In this article, you will learn all the main steps you need to take when getting a divorce in the state, including the types of divorce, the peculiarities of each, and how divorce over the internet can help. Let’s get right into it!
1. Meet the Residency Requirements
The first step to filing for divorce in the state is to meet the residency prerequisite. You can only start the dissolution of the marriage if you or your spouse has resided in the state for a minimum of sixty days. Secondly, you must present legally acceptable grounds to end the marriage.
2. Choose Your Grounds for Divorce
The ground for divorce refers to the reason why a couple wants a divorce. Arkansas has identified nine different reasons for which a divorce can be granted. The petitioner must provide one of these reasons to commence the divorce process.
No-Fault: This means that a divorce can occur without any fault from either party. The petitioner just states that the union can no longer exist because of irrevocable differences. The couple will also have to live separately for at least eighteen months continuously for personal reasons to use this no-fault ground.
Fault-based: this covers the remaining 8 grounds for divorce in Arkansas. Fault-based refers to a situation where a spouse accuses the other of causing the breakdown of the union. The following are the eight grounds for a fault-based divorce: crime conviction, impotence, abuse and cruelty, adultery, drunkenness, incurable insanity, humiliation, lack of support.
3. Conclude a Settlement Agreement
Your divorce can be quicker and more affordable if you make it uncontested. In this case, you can even organize everything without the help of a lawyer. To do this, you and your spouse will have to draw up a Settlement Agreement. This is a document that includes the terms of all aspects of divorce, namely, the division of joint property, alimony (spousal support), division of custody of shared children, etc. An uncontested divorce will be faster since the court will not have to deal with all aspects of the termination, and the decree will be issued based on the Settlement Agreement.
4. Complete the Divorce Papers
You need to complete the forms reflecting the specifics of your termination. The documents must also contain points of the Settlement Agreement.
You can find the forms on the court’s official website. However, selecting and filling out blank forms can be challenging, especially if you haven’t done so before.
An online divorce (or internet divorce) is helpful in such cases. These web divorce companies collect information from you regarding your marriage and termination, then select the appropriate forms and prepare the application for divorce online following the specifics of your divorce. These services usually cost substantially less than attorney fees and are suitable for Do-It-Yourself Divorce.
5. File Your Petition With a Court
If your dissolution of marriage is uncontested, you can get help with filling out the forms accurately by using the service of a reputable internet divorce company. They can take your claim to court and track progress. You can also file with a court yourself in the county where you or your spouse live.
6. Serve Your Spouse
After the lawsuit is filed in court, you have to hand over copies to your spouse. This is also known as serving the respondent.
After your spouse has been served the documents, they are expected to send a response. If your spouse disagrees with the terms of the proceedings, they can file new paperwork to tell their side of the case.
When this happens, the process becomes a contested divorce. This may require that both parties make appearances in court to resolve their issues. However, if your spouse agrees with the terms, including child custody, child support, and property division, among others, it becomes an uncontested divorce. In this case, there is no need for court appearances.
Many people choose to go the route of DIY divorce when their partners do not contest the process. If your partner does not disagree with any aspect of the terms, they must sign the documents and send them back to the court. It’s also possible that your spouse does not contest the terms nor sign the papers. If this happens, you can still proceed with the process. The case will then move forward as a default divorce, and the court will accept your proposed terms.
Cost of Divorce in Arkansas
The petitioner is expected to pay the filing fees when filing the petition at the court. This fee is approximately $165. It is important to note that the fee may vary based on the county. It is recommended that you check with the local county where you are submitting the documents. Additionally, you have to pay a notary fee of $10. You may also have to pay a service fee of roughly $50 for the sheriff or process server to deliver the formal petition to your spouse. For every legal document or additional motion you submit to the court, you may be asked to pay extra filing fees. Therefore, the cost of divorce in Arkansas can be about $500 without an attorney.
Waiting Period for a Divorce Final Decree in Arkansas
Arkansas has a 3-month waiting period before a final decree can be granted. This means that even if both spouses agree on the terms of the proceedings, they will have to wait out the three months until the judge issues the final divorce decree. The only exception is if both spouses have been living separately for at least twelve months, the judge can waive the waiting period. You should know that this waiting period is only the minimum. If there are issues that you and your spouse have not been able to resolve, it may take longer.
Conclusion
Filing for divorce in Arkansas is quite straightforward. Although it comes with its challenges, the process will be less stressful, fast, and even inexpensive if you agree with the respondent on everything, including using web divorce services to complete divorce forms online.