Divorce Laws in Arkansas

Divorce in Arkansas: Laws, Attorneys & Family Lawyers

Arkansas is a conservative state, and many of its divorce laws reflect that. In order to file for divorce in Arkansas, you must provide evidence of fault grounds, such as adultery or abandonment. This makes it more difficult to file for divorce in Arkansas than in other states that allow for no-fault divorces.

According to the latest estimates, Arkansas has a divorce rate of 6.6 per 1,000 of the population, making it the second-highest in the nation. Annulment and divorce are two distinct processes, and you must provide different grounds for each. Even though divorce is a popular option for many in the state, it is important to understand the process and potential consequences of filing for divorce in Arkansas.

Divorce Lawyers in Arkansas

If you are considering filing for divorce in Arkansas, it is important to understand the laws and process. Seeking the advice of an experienced Arkansas divorce attorney can help you navigate the complexities of the law and ensure that your rights are protected throughout the process. Find a divorce lawyer in Arkansas today to get the help you need.

Divorce Grounds in Arkansas

If you’re considering filing for divorce in Arkansas, you may be wondering what your options are. The state offers several grounds for divorce that could help you make your case.

Fault Grounds Divorce in Arkansas

The fault grounds for divorce in Arkansas are as follows:

Impotence
Incarceration
Habitual Drunkenness
Adultery
Cruel and Barbarous Treatment
For instance, sexual dissatisfaction and impotence are considered legitimate grounds for divorce in Arkansas. In such situations, both of the spouses can claim divorce. Moreover, incarceration of a spouse is another fault ground in Arkansas. Similarly, habitual drunkenness is also grounds for divorce if one spouse does not want to live with an alcoholic partner.

No-Fault Grounds for Divorce in Arkansas

The state of Arkansas offers only one no-fault divorce ground: separation. After a period of eighteen months of separation, both spouses can file for divorce.

For more information about the divorce grounds in Arkansas, contact a professional divorce attorney or divorce lawyer.

Residency Requirements

In order to file for divorce in Arkansas, you must be a permanent resident of the state. The court will check to make sure the information provided is accurate and if not, the case may be dismissed and other legal action taken. In order to file for divorce in Arkansas, you must have been a resident for at least 60 days and remain a resident for at least three months during the waiting period after filing the initial case.

Required Documents

When filing for divorce in Arkansas, you will need to provide a range of documents. These include an Affidavit of Financial Means, Marital Settlement Agreement, Affidavit of Corroborating Witness, and Domestic Relations Case Cover Sheet. You will also need a Decree of Divorce, which is a legal document signed by the judge or master/referee of the court to officially end your marriage.

Distribution of Property

Arkansas is an equitable distribution state, meaning that marital property must be divided in an equitable manner. Any property owned before the marriage remains the sole property of the spouse who owned it.

Change of Name or Restoration of Name

When filing for divorce in Arkansas, the petitioner can request a change of name or the restoration of their pre-marriage name. The court will make this decision.

Mediation Counseling

Arkansas divorce laws strongly favor mediation counseling as a last chance before declaring divorce. This is an opportunity for the couple to attempt to resolve any issues between them in a civil manner.

Alimony

The court may award alimony to either the husband or wife. Factors taken into consideration when determining the amount of alimony include the length of the marriage, the parties’ previous living standard, and more.

Child Custody

When deciding the issue of child custody, the court must consider the age and sex of the child. Arkansas law also states that the court should take into account the child’s wishes if they are of sufficient age.

Child Support

In most cases, economic circumstances make it difficult for divorced fathers to pay adequate child support and support two households without a second income. In these cases, it’s important to consult a professional divorce attorney or lawyer for more information about your state’s laws.

Arkansas Annulment Laws

Annulment is a legal process of terminating an illegal marriage, and different states have different policies regarding annulment and divorce. Whereas divorce is relatively easy to prove, annulling a marriage in Arkansas requires having a valid ground as recognized by Arkansas annulment laws.

Grounds for Annulment in Arkansas

If you’re considering annulment in Arkansas, you should know the legal grounds that are recognized by the state’s annulment laws. Here are the four grounds on which you can pursue an annulment in Arkansas:

• Fraud: Marrying a person by false tricks or misrepresentation is a felony and is a legal ground for annulment according to Arkansas annulment laws. You can obtain an annulment if your consent for marriage was gained by fraud or misrepresentation.
• Duress: If your spouse threatened or forced you into a marriage, you can file for annulment under Arkansas annulment laws.
• Bigamy or Existence of a Prior Marriage: Bigamy is a legal annulment ground. You can not have more than one spouse at a time, so to get married with another person, divorcing from your existing spouse is mandatory.
• Consanguinity: Marriages between full-blood or half-blood relatives are not recognized by the marriage laws of Arkansas. Therefore, marriages between father-daughter, mother-son, uncle-niece, and aunty-nephew etc can be annulled under Arkansas annulment laws.

Arkansas Divorce Laws FAQs

When it comes to filing for divorce in the state of Arkansas, there are certain laws and regulations that must be followed. To help make this process easier, here are some frequently asked questions about Arkansas divorce laws.

How long must I be residing in the State of Arkansas to be eligible for the filing of divorce?

Under the Arkansas divorce law, you are required at minimum to be a resident of the state for at least 60 days before filing for divorce.

What happens if my spouse doesn’t reside in the State of Arkansas?

Under the Arkansas divorce law, there are no requirements for the respondent to be a resident of the State. However, the defendant in the Complaint of Divorce has to be served a notice. If the defendant’s spouse doesn’t have a residence in the State of Arkansas, then a special process server will serve the Complaint for Divorce to the defendant.

What is the main requirement for filing for divorce in Arkansas?

Divorce in Arkansas requires the plaintiff to either prove that the married couple has been separated for 18 months without exercising marital rights over each other or on grounds of marital misconduct.

What is the filing fee for divorce in the State of Arkansas?

The filing fee is dependent on the county of Arkansas that you have residence of.

How do divorce attorneys in Arkansas charge their clients?

Arkansas divorce lawyers charge a set fee or on a per-hour basis. The fee you may end up paying depends on the complexity of the divorce case, the financial health of the client, the fee that the Arizona divorce lawyer would normally charge, and the negotiating skill that the client and the Arkansas divorce lawyer have. You could end up paying a few hundred dollars to a few thousand dollars to your Arkansas divorce lawyer.

Do I really require an Arkansas divorce lawyer?

You don’t legally require an Arkansas divorce lawyer and you have the right to defend yourself. However, it is highly recommended to have a seasoned Arkansas divorce lawyer represent you in the court of law.

Can my spouse and I hire the same divorce attorney, since we are still married?

No, it is simply not possible for the same Arkansas divorce lawyer to represent both spouses in a court of law. Though you are married you are both considered separate individuals.

Is the State of Arkansas a common law State?

No, Arkansas isn’t a common-law State. Common laws aren’t legally treated couples in the State and are recognized as separate man and woman.

Is Arkansas a No-Fault State?

No, Arkansas is not a no-fault State. In fact in the State of Arkansas, you can only file for divorce on grounds of separation or marital misconduct.

How long does a couple have to be separated before filing for divorce in Arkansas?

A couple needs to be separated for 18 months before being granted a divorce, according to the Arkansas divorce law. The couple during that period must not have exercised their martial rights over each other over the period. If this isn’t the case then there must be grounds for marital misconduct to dissolve the marriage.