The process to file for divorce in the state of Arkansas can be a time-consuming and confusing experience that will likely require the assistance of a local divorce law attorney. Part of the reason for this is because unlike other states, Arkansas recognizes both no-fault and fault-based divorce.
When a couple files for a fault-based divorce, Arkansas law requires the parties to prove the reason they cite for a fault-based divorce. Thus, this adds an extra step to the overall divorce process.
The divorcing parties must also meet the specific residency requirements imposed in the state of Arkansas. If they do not, then this will require an extra waiting period before the couple will be allowed to file for divorce in an Arkansas state court.
In order to prepare for filing for divorce in Arkansas, the parties should also discuss certain key issues beforehand, such as how they intend to divide their property and/or assets, child custody arrangements, and whether one of the spouses will be required to pay alimony.
These types of issues can cause the parties to become uncooperative. Therefore, it is generally recommended that you hire a local divorce lawyer if you plan on filing for divorce in Arkansas.
What is the Difference Between Divorce and Separation in Arkansas?
The main difference between divorce and separation in Arkansas is that entering into a legal separation agreement does not terminate the marriage. In contrast, obtaining a divorce legally ends a marriage in the eyes of the law.
Similar to divorce, however, a legal separation agreement may be used to outline the legal rights and obligations of both spouses, such as the property and/or assets that must be immediately divided, child support or custody issues, and spousal support payments.
If this document is approved by the court, then a couple’s separation will be considered as legally binding. This also means that the agreed upon guidelines for separation can be enforced by a court.
In cases where the period of separation ultimately leads to a couple’s divorce, the legal separation agreement may be used or converted into the couple’s final divorce settlement agreement.
What Paperwork Do You Need to File for Divorce?
In order to initiate the process to file for divorce in Arkansas, an individual must first meet the residency requirements. As of 2021, this means that the individual or their spouse must have resided in Arkansas for at least 60 days before they can file for divorce.
As previously mentioned, the state of Arkansas recognizes both no-fault and fault-based divorce. A couple who files for no-fault divorce in Arkansas will also be required to live separately for a period of at least 18 months before they can file for divorce. If a couple files for fault-based divorce, however, they will need to prove that there are grounds to justify obtaining a divorce sooner than the 18-month period of legal separation.
Some examples of the grounds recognized under Arkansas law for a fault-based divorce include:
- Impotence;
- Adultery;
- Financial abandonment;
- Cruel treatment;
- Felony conviction;
- Alcoholism; and
- Incurable insanity for one year or longer and after living apart for three years.
Once the residency and no-fault or fault-based factors have been decided, the individual must file the divorce forms with the appropriate court in their county. At this time, the Arkansas State court system does not currently offer divorce forms on its website. As such, the individual filing for divorce will need to pick up the forms from the local county courthouse in which they intend to file for divorce.
After the proper legal forms have been filed with the court, the individual will need to serve a copy of them along with a summons on their spouse. Their spouse will then have 30 days to respond to the divorce paperwork. The divorcing parties should also discuss whether they can manage to cooperate and enter into an uncontested divorce settlement agreement, or if they need a court to intervene due to various issues that result in a contested divorce.
The remainder of the Arkansas divorce process will depend on whether the divorcing parties are involved in an uncontested or a contested divorce. Thus, it may be in a party’s best interest to retain a separate divorce law attorney for further legal assistance with the divorce process in their Arkansas county.
Community Property vs. Separate Property
Community property, also known as marital property, refers to property, assets, and/or funds that a couple acquires over the course of a marriage. In contrast, separate property is described as the property, assets, and/or funds that a divorcing party owned prior to the marriage or received during the marriage as a separate gift or as an assigned inheritance.
It is important to understand the difference between community property and separate property when filing for divorce. This is because separate property is typically not subject to division and distribution by a court. Instead, the party that the separate property belongs to will likely be able to retain it since it is their property alone.
However, it is possible for separate property to convert into community property during a marriage. This situation tends to arise when one of the spouses owns a house that the other spouse moved into when the couple got married and was placed on the title deed documents to the house, which means that they are now considered co-owners of the property.
Lastly, parties in an Arkansas divorce case should bear in mind that Arkansas is an equitable distribution state. Thus, any property acquired during the marriage may be apportioned in a fair and equal manner between the divorcing parties as determined by a court.
What Should You Do if There are Children Involved?
When children are factored into a divorce matter, a judge will normally issue a divorce order that contains instructions regarding child custody, child visitation rights, and child support payments as part of the divorcing parties’ final divorce settlement agreement. It should be noted that even if this is not part of the divorce decree, a judge will still need to approve any arrangements concerning child custody and child support.
Regardless of which spouse receives physical custody of a child after a divorce or legal separation, both parents still have a legal duty to support the child. The noncustodial parent can do this by providing for their child financially and retaining legal custody or visitation rights. In addition, a court will also likely order a noncustodial parent to pay child support.
Generally speaking, the family law principles that govern children in a divorce case are largely the same in Arkansas as they are in other states.
Do You Need to Pay Alimony?
It is possible that the court may order one of the spouses in a divorce case to pay the other spouse alimony or spousal support. In most instances, a court will likely order a spouse to make monthly alimony payments to the other spouse when a judge finds that the paying spouse has the financial means to support the spouse who has a significant financial need.
The duty to pay spousal support to a receiving spouse will be terminated if that spouse gets remarried or is involved in a new relationship in which they conceive a child with another party. However, the rules for spousal support or alimony will vary in accordance with state laws.
Thus, a situation that may require a spouse to pay alimony in one state, may not require a spouse to pay alimony in another state. Divorcing couples should review their state laws to confirm the legal requirements.
Where Can You Find the Right Divorce Lawyer?
The divorce process can be an emotionally taxing experience. This is especially true in divorce cases that involve complex legal issues or in which the divorcing parties cannot reach an agreement on divorce-related subjects, such as alimony, child support, property division, and/or child custody matters.
Therefore, if you intend to file for divorce in the state of Arkansas, it may be in your best interest to hire an Arkansas divorce lawyer in your county as soon as possible. A qualified divorce lawyer in Arkansas will be able to help you navigate the divorce process and can explain how the property laws in Arkansas may affect the outcome of your divorce settlement.
Your lawyer will also be able to assist you in negotiating for divorce terms that match your needs like child visitation schedules or child custody. In addition, if you have any questions or concerns about filing for divorce in the state of Arkansas, your divorce lawyer can also serve as a great resource to address any issues associated with your Arkansas divorce case.
Finally, while your lawyer can certainly provide legal representation in court for your divorce case, including when you need to appear to obtain your final divorce decree, your lawyer can provide legal representation in mediation or during informal negotiations as well should you and your spouse decide you prefer those options, as opposed to going to court to settle matters.
