Arkansas Divorce: The Basics

Nobody gets married thinking they'll end up divorced. Sadly, the divorce rate in this country seems to increase with each passing year. You should become familiar with your state's divorce laws if you're considering divorce.

Here, we will discuss the divorce laws in Arkansas. We will also explain the Arkansas divorce process. We'll describe how these laws affect alimony, child custody, and property division. Finally, we'll highlight some practical tips you should know before filing your complaint for divorce.

What Are the Effects of a Divorce?

The legal effect of divorce is to end the marital contract between the spouses. Marriage is a legal contract. If one of the parties to that contract wants out, they must follow the proper procedures.

Once the judge issues your decree of divorce, you are no longer married. The contract between you and your spouse will end, and you'll be free to enter into a new contract with anyone of your choosing.

As with any other relationship, you must tie up any loose ends when you end your marriage. You do this via a marital settlement agreement. This agreement will cover the legal issues surrounding your divorce.

Some of the issues your marital settlement agreement will address include:

• Alimony or spousal support
• Child custody of minor children
• Child support
• Parenting plan
• Property division
• Marital property vs. separate property
• Insurance issues (in exceptional cases)

We will discuss these legal issues in more detail throughout this article.

Understanding and complying with Arkansas divorce laws can be challenging. Many petitioners hire an Arkansas divorce lawyer to help with their case.

Legal Requirements for an Arkansas Divorce

Every state has specific requirements you must meet before filing your divorce petition. Arkansas is no different. You must meet the state's residency requirement to file for divorce in Arkansas. State law requires you to be a resident of Arkansas for at least 60 days before filing your divorce papers.

There is also a mandatory waiting period in Arkansas. This period is 30 days. The waiting period, or cooling-off period, allows the parties to reconcile and reconsider the divorce. The judge can only issue your final divorce decree once the waiting period ends.

How Do I File for Divorce in Arkansas?

You must file a petition with your county family court. You can also file your divorce complaint in the county in which your spouse lives. Once the court stamps your divorce case as "filed," the divorce proceedings will begin. You will file an uncontested divorce action if you and your spouse agree to the divorce terms. You'll attach a copy of your divorce agreement for the judge's approval.

In an uncontested divorce, service of process shouldn't be a problem. Your spouse will likely waive service or consent to service. Once the court is confident you (or your attorney) have properly served the divorce papers on your spouse, they'll schedule your initial hearing.

The court can only issue your final divorce decree once 30 days have passed. For example, if you file your uncontested divorce on May 1, the judge cannot finalize it until May 31.

If you're filing a contested divorce, you must formally serve papers on your spouse. You can do this via the sheriff or certified mail. Get confirmation that you have served your spouse, and submit proof to the court. Your spouse has time to file a response to your divorce complaint. They respond by filing an answer to your complaint.

Your case may go to trial if you and your spouse disagree about the divorce terms. Your divorce attorney will try to settle the case with your spouse's lawyer. If this isn't possible, your case will go to trial. You and your spouse will argue your cases before the judge. The judge will make the final decisions on custody, alimony, and property division.

Types of Divorce: No-Fault Divorce vs. Fault-Based Divorce

There are two main types of divorce: no-fault and fault-based. You don't have to submit proof of marital misconduct to file a no-fault divorce case in Arkansas. Instead, you must only certify to the court that you and your spouse have lived separately for at least 18 continuous months.

You can also file a fault-based divorce action in the State of Arkansas. The fault-based grounds for divorce in Arkansas include:

• Impotence
• Conviction of a felony
• Incurable insanity
• Habitual drunkenness for at least one year
• Cruel and barbarous treatment (domestic violence)
• General indignities by one spouse against the other
• Adultery

If you file a fault-based divorce, you must prove that your spouse engaged in the behavior you allege in your complaint for divorce.

Uncontested Divorce Cases vs. Contested Divorce Action

We have discussed the idea of uncontested and contested divorces already. It's essential to recognize the difference between the two.

In an uncontested divorce, the parties agree that divorce is the best option. They also agree to the material terms of the divorce. You can submit a copy of your divorce settlement agreement to the court for approval.

Once the judge approves your agreement, they'll issue your final divorce decree. Of course, they can only do this once 30 days have passed. Your divorce decree is like any other court order. It is enforceable by and against both parties.

In a contested divorce, the couples disagree on most divorce terms. Some of the most contentious issues in this type of divorce include:

• Alimony/spousal support
• Child custody of minor children
• Child support
• Property division

If you can't negotiate child custody, the court will do that for you. They presume that joint legal custody is best. Their primary concern is the best interests of the child. As for child support, the court defers to the state's child support guidelines.

Can I Get Alimony After the Divorce?

Arkansas law allows alimony. But there's no guarantee that you'll receive alimony in your divorce. If you and your spouse agree to spousal support, you'll outline your settlement agreement's amount, duration, and payment schedule.

If you can't agree on alimony, the judge will decide for you. Some of the factors the Arkansas courts consider include:

• Length of the marriage
• Income and expenses of the parties
• The earning capacity of both spouses
• Financial resources and needs of the parties
• Age and health of the spouses
• Employment history and education levels
• The ability of one spouse to pay support
• Contributions of one spouse to the other's career during the marriage

Some divorce attorneys will tell you they use a formula to determine alimony. But, the courts don't disclose that they use any such formula.

How Will the Court Divide Our Property?

Arkansas is an equitable distribution state. When it comes time to divide your marital assets, the court will do its best to do so fairly and equitably. There is no guarantee that you and your spouse will receive 50% of your debts and assets.

Your divorce attorney will ideally negotiate a settlement with your spouse's lawyer. If so, you'll have a bigger say in splitting your marital assets. If not, you'll leave the decision to the judge handling your case.

The property subject to equitable distribution in Arkansas includes the following:

• Real estate (including the family home)
• Vehicles and other personal property
• Retirement accounts
• Pensions
• Investments, stocks, etc.
• Bank accounts
• Family pets

The judge will consider the totality of the circumstances when dividing marital property. They'll exclude any separate property from distribution. This may include gifts, inheritances, and personal injury settlements.

How Much Does It Cost to Get a Divorce?

Most clients ask their Arkansas family law attorneys this question. The problem is that it's hard to say how much your divorce will cost. It depends on several factors, including whether your divorce is contested or uncontested.

If you and your spouse get along and file a copy of your settlement agreement with the court, it will cost you much less. You'll have to pay the court's filing fee for an uncontested divorce, which is $165. You'll also have to pay your attorney's fee and costs related to your case.

In a contested divorce, the cost will be much higher. You may have to pay to hire experts, private investigators, and forensic accountants. These cases usually involve significant assets and minor children.

When you first meet with your divorce lawyer in Arkansas, they'll explain how their fee works. They'll also describe the other costs you may encounter throughout the divorce proceedings.

A Skilled Arkansas Divorce Lawyer Can Help

Navigating a divorce can be a complex process. Speaking with an attorney may help. Arkansas divorce attorneys know the law and how to navigate the family courts. They are familiar with the circuit court clerk’s office and the local court rules, and they can offer sound legal advice.

If your spouse has a divorce attorney and you don't, you'll be at a severe disadvantage. But the judge won't treat you differently simply because you represent yourself.