Arkansas Divorce Papers and Forms
Sponsored Links
In Arkansas, the path to a divorce for married couples with minor children is difficult and convoluted. As such, the aid of an attorney is, for all practical purposes a necessity. If there aren’t any children, it’s still a bit more difficult than it is in most states, but still quite doable.
Sponsored Links
How to File For Divorce in Arkansas
After obtaining the necessary papers from the state or by downloading them, the party who will actually file for the divorce first fills out the Arkansas Complaint for Divorce and the Summons, and signs them in the presence of a Notary, who countersigns as your witness. The next step is to make 3 copies of each form, and file them at the court clerk’s office. The fee is $165.
The next step is to send a copy of both the Summons and the Arkansas Complaint for Divorce to your spouse via return receipt certified mail. Once you have the receipt, you can fill out the Affidavit of Service Mail Form and then send it to the court clerk along with the receipt. Now that there is proof that your spouse knows of your intent to divorce, he or she can contest it, if desired, by filing an Answer Form within 20 days.
The couple will have to decide how to divide the jointly held property such as cars, furniture, and the bank accounts, and they will also have to agree as to how to apportion the couple’s accumulated debts. Once this is accomplished, the two will have to jointly fill out the Marital Settlement Agreement and sign it, and again, the countersignature of a Notary will be required. This is perhaps the most critical part of the process because, although the court can overrule parts of this agreement, it rarely does so, so this document is generally the last word.
A date for your court hearing can be set any time now, as long as 30 days has gone by since the filing of the first two documents. At the same time you do this, you can ask the court clerk for a Notice of Hearing form, which, of course, you must send to your spouse so that he or she will be aware of the Hearing date.
Both parties must bring a witness, who cannot be a current romantic interest, who can testify that the spouse they represent has been an Arkansas resident for at least 2 months. If separation for at least 18 months is part of the reason for the divorce, the witness must be able to attest to that, too, if the judge asks. With the successful completion of the hearing, the judge signs the Divorce Decree, and to finish the process and be officially divorced, all that need be done is to file the Decree with the court clerk.
Sponsored Links