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Arkansas Divorce Laws
Arkansas Residency Requirements
A spouse must be a resident of the state of Arkansas for at least 60 days prior to filing for the divorce and the divorce will not be finalized until a 3 months waiting period has passed after the initial filing. The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case the proceedings shall be in the county where the defendant resides, and, in any event, the process may be directed to any county in the state. (Arkansas Code - Title 9 - Chapters: 12-301 and 12-303)
Arkansas Divorce Grounds:
The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board, but from the bonds of matrimony, for the following causes: (1) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties. (Arkansas Code - Title 9 - Chapters: 12-301)
Arkansas Property and Debt Division
If the parties can not come to agreement on the division of the marital property, the court distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property. (Arkansas Code - Title 9 - Chapters: 12-315)
Arkansas Spousal Support, Maintenance, or Alimony:
When a decree is entered, the court shall make orders concerning the alimony of the wife or the husband and the care of the children, if there are any, as are reasonable from the circumstances of the parties and the nature of the case. Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of: (A) The date of the remarriage of the person who was awarded the alimony; or (B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; or (C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage. (Arkansas Code - Title 9 - Chapters: 12-312) (2) In determining a reasonable amount of support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart. It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. Only upon a written finding or specific finding on the record that the application of the support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted.
Arkansas Custody and Visitation:
In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child. In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age; The past and future roles of the parents; and past domestic violence. A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) A grandchild resides with this grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (Arkansas Code - Title 9 - Chapters: 13-101)
Arkansas Child Support:
The circuit courts in the several counties in this state shall have exclusive jurisdiction in all civil cases and matters relating to the support of a minor child or support owed to a person eighteen (18) or older which accrued during that person's minority. The following may file a petition to require the noncustodial parent or parents of a minor child to provide support for the minor child: (1) Any parent having physical custody of a minor child; (2) Any other person or agency to whom physical custody of a minor child has been given or relinquished; (3) A minor child by and through his guardian or next friend; or (4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the parent or person to whom physical custody has been relinquished or awarded is receiving assistance in the form of Aid to Families with Dependent Children, Medicaid, Title IV-E of the Social Security Act - Foster Care, or has contracted with the department for the collection of support. (Arkansas Code - Title 9 - Chapters: 12-312, 14-105)
Arkansas Common Questions
How Do I Know if I Should File in Arkansas?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Arkansas Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Arkansas?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Arkansas?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Arkansas?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Arkansas Divorce Forms
Arkansas Forms: Our question and answer technology will allow you to easily complete your Arkansas divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Arkansas Divorce Forms List
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All Your Completed Arkansas Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Arkansas. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and print your Arkansas divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Arkansas in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Arkansas, learn more about getting your Separation Agreement.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|