Arkansas Divorce Laws - Dissolution of Marriage

Visitation
Co Parenting

During the separation or divorce process, the parents are afforded the opportunity to complete a visitation or parenting plan (see link above), and submit it to the court for approval. If they are unable to fully agree, the court will impose its judgment on the care for the children.  Typically that will involve every other weekend, (or 2nd and 4th weekends- 1st and 3rd), often a weekday evening visit that doesn't include overnight, alternating holidays, Mother's and Father's Days, and a number of weeks in the summer. Make sure you have specific details about who picks up and drops off, at what time, the right of first refusal if the custodian needs a sitter, etc. Determine the conditions of birthdays, how they'll be celebrated and who is able to do what. The more you have in the decree, the less you'll argue over. Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. What if you were to own an entire Child Custody Library on the best strategies for winning child custody? What would that mean to you? If you anticipate any problems with custody or visitation, we suggest Child Custody Strategies.

Do you know the name of one of the best books available for understanding the problems and solutions to the challenges of parenting, and teaching your children responsibility? One review describes the book: 'This is as close to an owner's manual for parents that you will find. Now, parents can embrace mistakes as wonderful learning opportunities to raise respectful, responsible, and caring children. Read this Amazon-sponsored must own book Parenting With Love And Logic.     

Spousal Support
Arkansas Alimony
Maintenance

In Arkansas divorce law, alimony is referred to as maintenance, and is often limited to three years as it is designed to be a temporary measure. This approach is not the norm across the states. Alimony (or spousal support) can be awarded if two scenarios are identified: a spouse who has been married for a minimum of ten years and cannot support themselves may qualify for alimony/maintenance. The second situation would include family violence in which a spouse is convicted during the filing.

When the final decree is gaveled, the court will make orders concerning the alimony of the wife or the husband and the care of the children, if there are any. Alimony will automatically cease in Arkansas if any of the following occur:  

	The date of the remarriage of the person who was awarded the alimony; or
	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 would be considered the equivalent of remarriage; or
	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 will be considered the equivalent of remarriage.

Arkansas divorce laws use the family or spousal support chart provided by legislation. That chart, by statute, is to be revised every (4) years. Child support typically terminates at the child's 18th birthday, but can be extended if the child's age of majority occurs before high school graduation. Should a child have a disability, child support can be extended.

The courts have the discretion to award alimony in fixed payments for a specified period, subject to death or remarriage of the recipient. All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise.

You may realize that we all need some help processing all this angst. This site has a Divorce Bookstore sponsored by Amazon.com, where you can find affordable books on parenting time, kids and divorce, shared custody, parental rights, custody battles, joint custody, co-parenting, child visitation, how to be divorced, life after a separation and just about every consideration pertaining to being divorced. Spend some time and a few bucks to help yourself get through this nightmare in one piece.     

Grounds For Divorce

If you are seeking to dissolve a covenant marriage, you are required to state that request in your petition. The circuit court can grant a separation or divorce for the following causes (grounds for divorce):

	Either party, at the time of the contract, was and still is impotent;
	Conviction of a felony or other infamous crime;
	Demonstrated an addiction to habitual drunkenness for one (1) year, shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall offer such indignities to the person of the other as shall render his or her condition intolerable;
	Commit adultery after the marriage occurs;
	The court will grant a divorce if the parties have lived separately for 18 continuous months, regardless of fault or cause by either spouse,
	Should one of the parties be deemed insane, the other spouse will be required to care for and financially maintain that person for the duration of the insane person's life and
	Should the service of process be considered on the insane spouse, the petitioner is required to make service to a recognized guardian, guardian ad litem, or institution charged with that person's care.

Don't confuse grounds for divorce with the annulment process in this state. See the annulment section on this page for the differences.             

Marriage Annulment
Marital Annulment

A marriage annulment in Arkansas is a legal process of terminating an illegal marriage. The process is similar to a separation or dissolution (divorce) in that you must file a petition, serve your spouse, and prove grounds. Annulment requires a greater degree of proof than does a fault divorce. Grounds for an annulment include:

	Fraud- marrying another by fraud or misrepresentation is a felony and is a legal ground for annulment according to Arkansas annulment laws,
	Duress- a marriage where one was under duress is grounds for an annulment in Arkansas,
	Bigamy- Arkansas annulment laws specifically prohibit bigamy, and it is a legal annulment ground, and
	Consanguinity- one marrying another where they are too closely related is prohibited by Arkansas annulment laws.

How to File an Annulment in Arkansas

In order to file for an annulment and have a marriage declared null and void (declared a nullity), you must establish grounds for the petition to annul (see the ground for annulment in this section). If the male was younger than 17 at the time of marriage, or the female was younger than 16, the marriage can be annulled in addition to the above grounds. If parents or guardians are filing for an under-age annulment, they must prove they had received a court-awarded custody ruling. For all other filers for annulment, one must file a Domestic Relations Cover Sheet (which should detail your specific reasons or grounds) for an annulment request along with a Pleading form you can receive from the court clerk.

The Circuit Clerk in your county will be the person you file your papers with. Call for guidance before you go there.

Once you've filed for the annulment, you'll need to have your spouse served. Ask the clerk for guidance on how to find a process server. After you have served your spouse, and the spouse has have answered the petition (or ignored it) the court will advise the next steps you must take. The filing fee at this writing (Jan. 2011) is $100 but check with the court.   Read more on annulment  

Mediation
Marriage Counseling

Mediation can be an effective tool to solve differences that parties would like to be settled without a court battle, although it is not mandatory. State law does not order the parties to  marriage counseling, although marriage counseling can be very constructive for some couples. When the parties to a divorce action have minor children residing with one or both parents, the court, prior to or after entering a decree of divorce, may require the parties to:

	Complete at least two hours of classes concerning parenting issues faced by divorced parents;
	Submit to mediation in regard to addressing parenting, custody, and visitation issues.

Legal Separation
Marital Separation

A legal separation results when a couple separates and a court rules on the child support, custody, alimony, visitation and division of property, but doesn't grant a divorce. With a legal separation (sometimes called a marital separation), any assets accumulated or debts incurred after a finalized legal separation are no longer considered jointly owned. A specific legal process is necessary for a legal separation to be effected. Specifically a Settlement Agreement must be submitted to a court, addressing all support, custody, visitation and asset issues between the couple. A legal separation is a court order that details who gets the children, who pays support for the children and how much, whether spousal support (alimony) is ordered, and who gets what marital property and debt. You might want a legal separation if your religious beliefs prohibit divorce, if you or your spouse have not lived in Arkansas long enough to file for divorce, or if one of you needs to be covered by the other's medical insurance. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed, however.

The main difference between dissolution of marriage and legal separation proceedings is that after a judgment of separation the parties remain married for all purposes including eligibility for health insurance. You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading.   

Waiting Period

A minimum 30-day waiting period after filing for divorce exists before a divorce can be granted. 

Grandparents Rights Visitation

A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

	The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;
	The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or
	The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

Divorce Settlement
Distribution of Assets

Divorce settlement and division of marital assets.

You will be afforded the opportunity to fashion a divorce settlement with your divorcing spouse, which would divide marital assets and liabilities (debt). If you cannot reach a divorce settlement, one will be imposed upon you by the court. All marital property will be distributed one-half 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:

	Age, health, and station in life of the parties;
	The length of the marriage;
	Occupation of the parties;
	Amount and sources of income;
	Vocational skills;
	Employability;
	Estate,
	Liabilities
	Needs of each party and opportunity of each for further acquisition of capital assets and income;
	Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and
	The federal income tax consequences of the court's division of property.

Marital and non-marital property defined:

	Property acquired prior to marriage or by gift or inheritance;
	Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
	Property acquired by a spouse after legal separation;
	Property excluded by valid agreement of the parties;
	The increase in value of property acquired prior to marriage or by gift or inheritance;
	Benefits received or to be received from a workers' compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses;
	Income from property owned prior to the marriage or from property acquired by gift or by inheritance

Should the court not divide the marital property equally between the parties, the basis and reasons will be recited in the order entered.

Non-marital assets will be returned to who owned it prior to the marriage. When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court will designate in its final order or judgment the specific property in  securities to which each party is entitled. The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding.   

Residency Requirements

One spouse must have resided in Arkansas for at least six months immediately preceding a filing. On the condition that the residency requirement has been met by one spouse, either the resident or non-resident may file in Arkansas. Note that this is not the norm for all states. Most jurisdictions require proof of residency to file in that jurisdiction.  

How to file for divorce DIY Divorces

In order to file for a divorce in Arkansas, you must have the proper paperwork and verbiage to satisfy state divorce laws. The petitioner must meet residency requirements (see above).

How much does it cost to file?

At this writing (Jan. 2011), Arkansas laws require you to pay a $100.00 fee when filing papers for divorce.

Where does one take the paperwork to file for divorce?

You are required to file your divorce papers in the Chancery Court of Arkansas. The Plaintiff will file a Complaint petitioning the court to grant a divorce decree. The complaint will also ask the court to decide all issues pertaining to your situation (property division, child or spousal support, visitation, child custody and the like).

If the Plaintiff spouse lives in another state, and the spouse receiving the initial divorce papers (“Defendant”) is an Arkansas resident, the divorce proceeding must be filed in the county where the resident spouse lives.

The divorce proceeding is handled through the County Clerk’s Office of the Superior Court. All documents are filed there. The Clerk’s Office will manage the paperwork involved in the divorce proceeding.

The defendant must be served a copy of the complaint. Process servers are available for a nominal charge (often for $50-$100 including mileage costs). Do a web search for process servers in your area to get prices. [Arkansas law forbids the Plaintiff to serve the complaint to the defendant him or herself].

How much time does the defendant have to respond?

The defendant must respond within 20 days if in state, and 30 if out of state, and must file a written answer or response with the circuit clerk’s office in the county where the divorce was filed. If the defendant does not respond, or does not respond in time, he/she will be in default and gives up the right to be notified or to participate in any further hearings.

Can you both simply agree to divorce without stating grounds?

No, Arkansas doesn't allow no-fault grounds for divorces. The Plaintiff must cite grounds for divorce and be prepared, in time, to prove the allegation (see grounds for divorce above).

Temporary orders

A party may ask the court to issue temporary orders that rules on issues like child support, custody, and visitation. To do this, the court will often schedule a hearing to gather additional information with which to base a decision on.

Covenant marriages dissolved

If yours is a covenant marriage, you must both agree to counseling prior to a divorce. Grounds for an Arkansas divorce are more limited under a covenant marriage, permitting only domestic violence, adultery or felony conviction as grounds. Covenant marriage dissolutions require living separately for at least two years (2 1/2 years apart if minor children are involved) prior to the divorce.

How long does the process take?

After a 30 day waiting period, and after resolving all issues legally necessary (assets division, child care, support, etc), the judge will issue an Arkansas divorce decree, which will detail the rights and responsibilities of the parties, and will legally end the marriage.

What forms will I need?

	Petition for Divorce-   gives the court jurisdiction over your divorce
	Notice of Hearing-   the clerk of court uses this to set the date for the judge to hear your case
	Certificate of Corroborating Witness- states that you are eligible to file for divorce within a certain
	Financial Affidavit-  details the financial agreements that you and your spouse have decided
	Settlement Agreement-  details the specific terms of your divorce, such as child custody and visitation
	Divorce Judgment or Decree-  the judge finalizes your divorce with this. You must ask for a certified copy.

Get your divorce forms here. 

How to file for no fault divorce in Arkansas

Arkansas is not a no-fault divorce state. While this statement is technically correct, couples can file for divorce with proof that they have lived apart and separately for at least 18 months. 

Arkansas is one of three states that allow couples to choose, before marriage, which divorce laws they wish to apply should the marriage end. If you had chosen a covenant marriage, you know that the rules are slightly different in that you’ve agreed to pre-marital counseling and limitation on the grounds and options available.

To begin the process, you’ll need to acquire the proper forms that get filed with the County Clerk’s Office of the Superior Court in the county you have lived in for at least 60 days prior to the filing. If you no longer live in Arkansas, you must file the paperwork in the county where your spouse currently lives.

The Paperwork

You will need to complete and submit 1. Complaint for Divorce and 2. Decree of Divorce. Other forms that you will likely need to submit include Domestic Relations Case Cover Sheet, Affidavit of Corroborating Witness, Marital Settlement Agreement and the Affidavit of Financial Means. There are quite a few other forms that pertain to divorce, so your best option is to get a packet of forms that is all inclusive, and read each form to see if it applies to your situation. The simplest way to acquire these forms is to download a Combo Packet and determine which forms are necessary for your divorce.

There are no forms available on-line from Arkansas. Sometimes individual counties make forms available. We have found that the effort to drive to the courthouse, the parking hassles (do they charge you for parking?), standing in lines and hoping you get all the free forms you may need is a greater effort than downloading all forms for $45.00.

The Process

You must file the Complaint for Divorce along with a Summons. After filing, you must have your spouse served the paperwork. Call the the County Clerk for guidance on who you may choose to serve the divorce papers (process servers, Sheriff, etc) . Your spouse must respond to the service to avoid a default judgment in your favor.

If you and your spouse are in general agreement on the terms of your divorce, the Divorce Settlement Agreement document should be your main focus. In that document, you’ll both outline every issue in your marriage and how you wish to resolve those issues.

Issues typically included in the Settlement Agreement include property and debt division, child custody and child support, a co-parenting schedule (visitation) and any spousal support (alimony). If you are really smart, you create a flexible Parenting Plan that will stand up to the test of time and the changes that take place in yours and your children’s lives, and make that parenting plan a part of the Settlement Agreement.

You’ll submit a paper copy of the Parenting Plan, but you need not keep it in paper form. We suggest you keep your Parenting Plan on-line so that you can easily make changes, be able to view a forward calendar of activities, and not be forced to change and reprint the hard copy plan each time activities change.

Go to About.com, which has free parenting plan worksheets available. Download those forms, and enter the data that will make up your parenting plan. Transfer the data into an on-line parenting plan software program, and once completed, print the plan and include it as a part of your Settlement Agreement.

As your lives and activities change, an on-line plan will be simple to update, your ex will have immediate access, and you’ll be able to track the time kids spend with each parent, the expenses each parent incurs, or print the records should a child support or custody modification be necessary down the road. Some couples agree that any changes must be agreed upon and then entered into the on-line plan, and if it ain't on the plan, it ain't happening.

Once you’ve completed your initial divorce forms submission, and if your spouse is in agreement, the judge can accept the filing and issue a decree of divorce, or, schedule a hearing to resolve issues the court needs resolved. The County Clerk’s office will advise you what steps are necessary after your filing (and after your spouse’s response has been recorded), and after the waiting period. (A three-month waiting period following your filing is required by law).

The single best effort you can make to protect your children’s future is to keep accurate records of your children’s schedules and activities. An on-line parenting plan, with its calendar and ability to keep accurate notes, will perfectly state your case should you find yourself back in court down the road.