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Arkansas Divorce Laws Frequently Asked Questions

1. How long must I be residing in the State of Arkansas to be eligible for the filing of divorce?
Under the Arkansas divorce law you are required at minimum to be a resident for the state for at least 60 days before filing of divorce.

2. What happens if my spouse doesn't reside in State of Arkansas?
Under the Arkansas divorce law there are no requirements for the respondent to be a resident of the State.
3. What if any are the complications that occur when the defendant spouse doesn't reside in the State of Arkansas?
Under Arkansas divorce law, the defendant to the Complaint of Divorce has to be served a notice. If the defendant spouse doesn't have residence in the State of Arkansas, then a special process server will serve the Complaint for Divorce to the defendant.
4. What is the main requirement for filing of divorce in Arkansas?
Divorce in Arkansas requires the plaintiff to either prove that the married couple has been separated for 18 months without exercising marital rights over each other or on grounds of marital misconduct.
5. What is the filing fee for divorce in the State of Arkansas?
The filing fee is dependent on the county of Arkansas that you have residence of.
6. How do divorce attorneys in Arkansas charge their clients?
Arkansas divorce lawyers charge a set fee or on a per hour basis.
7. How much will I have to pay for hiring the services of an Arkansas divorce lawyer?
The Arkansas divorce lawyer fee is really a divorce liability and depends on the complexity of the divorce case, the financial health of the client, the fee that the Arizona divorce lawyer would normally charge. And, of course the negotiating skill that the client and the Arkansas divorce lawyer have. You could end up paying a few hundred dollars to a few thousand dollars to your Arkansas divorce lawyer.
8. Do I really require an Arkansas divorce lawyer?
You don't legally require an Arkansas divorce lawyer and you have the right to defend yourself. However, it is highly recommended to have a seasoned Arkansas divorce lawyer to represent you in the court of law.
9. Can my spouse and I hire the same divorce attorney, since we are still married?
No, it is simply not possible for the same Arkansas divorce lawyer to represent both of the spouses in the court of law. Though you are married you are both considered as separate individuals.
10. Is the State of Arkansas a common law State?
No, Arkansas isn't a common law State. Common laws aren't legally treated as couples in the State and are recognized as separate man and woman.
11. Is Arkansas a No-Fault State?
No, Arkansas is a not a no fault State. In fact in the State of Arkansas you can only file for divorce on grounds of separation or marital misconduct.
12. How long does a couple have to be separated before filing for divorce in Arkansas?
A couple needs to be separated for 18 months before being granted divorce, according to the Arkansas divorce law. The couple during that period must not have exercised their martial rights over each other over the period. If this isn't the case then there must be grounds for marital misconduct to dissolve the marriage.
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