How to File for Divorce in the State of Arkansas
There are many reasons to dissolve a marriage. Whatever reason you may have you will need to be acquainted with the process involved in filing for a divorce. In most cases you may able to file for a divorce in Arkansas without the aid of an attorney, but depending upon the issues that will be involved in your particular situation, you may want to seriously consider the assistance of counsel. The person who files the initial complaint requesting the divorce is referred to as the "plaintiff." The person against whom the plaintiff files for divorce is referred to as the "defendant."
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Instructions
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Determine if you meet the criteria for divorce in Arkansas. (1) You must be a resident of Arkansas for at least 60 days before being able to file for divorce. (2) You must have grounds for petitioning for divorce ("separation for 18 months or longer" or "general indignities" are the two grounds most commonly used as well as the easiest to prove). (3) The grounds you state for divorce must have taken place within the last five years. You may be required to prove the above criteria and/or provide a witness to corroborate your testimony prior to the final hearing.
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File both a "complaint for divorce" and a "summons" with the county clerk at your local county courthouse.
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Inform the defendant of the divorce proceedings by serving the complaint on him/her. This can be accomplished by employing a deputy sheriff or process server to personally deliver both the complaint and summons to the defendant. You may also serve the defendant by certified mail.
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File a written "answer" if you are the defendant. You will have 20 days after being served to file the answer with the court. Failure to file the answer may result in the court granting the divorce by default and granting the plaintiff all requested in the complaint. This is known as "default judgment." The answer is the defendant's opportunity to tell their side of the story and request items such as property, child custody and/or support and alimony.
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Respond to all court requests. There may be other forms to file or hearings to attend as the court determines the final outcomes of the divorce proceedings.
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Remember that you are still married until the judge signs the "Decree of Dissolution of Marriage." This signature completes the divorce, legally ending the marriage.
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Tips & Warnings
A divorce in the state of Arkansas will take a minimum of 30 days from the time the complaint is filed.
The divorce decree lists the rights and responsibilities of each person in the divorce. Failure to follow the decree may result in the other person filing a motion for contempt.
