Arkansas is socially a conservative state. There are only fault divorce grounds found in Arkansas. Therefore fault ground must be further proved with evidence by the petitioner. Arkansas has divorce rate of 6.6 per 1,000 of population, according to estimated statistics, which makes it 2nd highest in the nation.
Annulment and divorce are deemed verily distinct. Grounds for divorce and annulment should be rendered before the court. Usually divorce is considered an easy alternative by people in the state.
Divorce Grounds in Arkansas
Arkansas has following divorce grounds:
Fault Divorce Grounds in Arkansas
Fault divorce grounds in Arkansas are:
Sexual dissatisfaction and impotence are considered to be legitimate divorce grounds in Arkansas. In such situations, both of the spouses can claim divorce.
Incarceration is another fault ground in Arkansas. Imprisonment of a spouse validates other spouse’s claim for divorce.
Not all, but most of the people are habitual drinkers in Arkansas. This divorce ground in Arkansas is for the people who don’t want to live with partners who are alcoholics.
Adultery is another common fault divorce ground in Arkansas.
Cruel and Barbarous Treatment
Domestic violence which includes physical and verbal abuse is also a fault divorce ground in Arkansas.
No-Fault Divorce Grounds in Arkansas
There is only one no-fault divorce ground in Arkansas, which is:
Separation is a no-fault divorce ground in Arkansas. After eighteen months of separation, both spouses can file for divorce.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Arkansas.
Arkansas Divorce Laws
Arkansas has following divorce laws:
The Arkansas divorce laws require you to be a permanent resident of the state before you file for an Arkansas divorce. If the information given is found to be vague, the case is dismissed and legal actions are taken. It is required that the person who is applying for the case should:
- Be a resident of Arkansas for at least sixty days.
- Remain an Arkansas resident for at least three months as waiting for three months is certain after the initial case filing.
Documents Required to File Divorce
Documents that are required by Arkansas divorce laws for filing divorce include:
- Affidavit of Financial Means
- Marital Settlement Agreement
- Affidavit of Corroborating Witness and
- Domestic Relations Case Cover sheet
Besides, there is also need for ‘Decree of Divorce’ which is a legal document that will confirm the Arkansas divorce process. This document is signed by
- The judge,
- The master or referee of the court to say publicly your marriage has legitimately ended.
Distribution of Property
Arkansas is equitable distribution state. The marital property must be divided equally. Property owned before the marriage, remains in the ownership of the spouse who owns it.
Change of Name or Restoration of Name
According to Arkansas divorce laws, upon the petitioner request court decides to change the name of the petitioner to the one s/he was entitled with before marriage.
Arkansas divorce laws are strongly in favor of mediation counseling as a last chance before declaring divorce.
Alimony can be given to either the husband or wife in parts. Arkansas divorce laws decides alimony issue upon after taking in account the length of the marriage, the parties’ preceding living standard, etc.
Bearing in mind Arkansas divorce laws, it requires the divorce court to take in consideration the age and sex of the child before awarding child custody. Arkansas State advises that judges should take care of the child’s interest and preference, if they are of sufficient age.
In general, economic circumstances often make it exorbitant, because sometimes divorced fathers cannot even support themselves, how come they alone would pay adequate child support and support two households without a second income.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state
Arkansas Annulment Laws
Annulment is a legal process of terminating an illegal marriage. Different states have different policies regarding annulment and divorce. One of the major differences, between annulment and divorce is, divorce is relatively easy to prove. You can get annulment in Arkansas, if you have a valid annulment ground which is recognized by Arkansas annulment laws. Following are the legal Arkansas annulment grounds:
Marrying a person by false tricks or misrepresentation is a felony and is a legal ground for annulment according to Arkansas annulment laws. Laws state that you can obtain annulment if your consent for marriage was gained by fraud or misrepresentation.
Duress is a valid ground for annulment in Arkansas. You can file for annulment under Arkansas annulment laws, if your spouse threatened or forced you into a marriage.
Bigamy or Existence of a Prior Marriage
According to Arkansas annulment laws, bigamy is a legal annulment ground. You can not have more than one spouse at a time and to get married with another person, divorcing from your existing spouse is mandatory.
Marrying full-blood or half-blood relatives is called consanguinity and such marriages are not recognized by the marriage laws of Arkansas. Therefore marriages between father-daughter, mother-son, uncle-niece, and aunty-nephew etc can be annulled under Arkansas annulment laws.
Arkansas Divorce Laws Frequently Asked Questions
- 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.
- 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.
- 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.
- 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.
- 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.
- How do divorce attorneys in Arkansas charge their clients?
Arkansas divorce lawyers charge a set fee or on a per hour basis.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.