Divorce Process in Arkansas

Prior to filing a divorce lawsuit in Arkansas, you should be living separated for at least 18 months and you must have a solid reason for your divorce application. Couples who are in mutual agreement for their divorce, child custody, and money matters can have a divorce more quickly and with less expense. Divorce in Arkansas is heard by the court for final judgment after finishing all the formalities.

Divorce Preparation

The legal divorce preparation in Arkansas involves drafting separation agreement including child custody, property division, spousal support, child support, etc. You can include all the terms that both parties agree in the draft. The writing should be signed by both parties if you are agreeing with all the terms mentioned in the agreement. The agreement will be considered in the court for legally binding and for enforcing the rights. If both parties don't agree on the terms, both have to undergo the court proceedings and wait for the final outcome from the court. After hearing the petitions, the court will make a judgment on the outstanding issues. 

Mediation Support

A most contested divorce is handled at first by a mediator, an experienced third party who counsels both parties and negotiate the terms and conditions pertaining to divorce and then try to reach an agreement. Mediation is the process by which both parties can communicate with the mediator alone to convince their part and further negotiations. This can be done in the presence of your attorney also. The mediator will try to make an agreement for the divorce based on negotiations. The mediator will also communicate with both extensively and then try to conclude the agreement. Sometimes a mediation will be successful by negotiation but if any party disagrees on the terms then it may result in legal procedures. 

State of Living

Arkansas family law instructs that you must be a resident of the state 60 days prior to filing a lawsuit for divorce or separation. The court needs proof that spouses are separated and no longer they live together as is in the provisions of the Law.

Divorce Lawsuit Filing

The case should be filed in the county court where the party is currently residing and if its not an Arkansas resident then the case can be filed in the county where the other party resides.

Grounds For Divorce

There are certain grounds on which only you can file a divorce lawsuit. A no-fault divorce can be granted if legally separated for 18 months. Divorce in Arkansas based on faults must have grounds like impotence, felony conviction, prolonged drunkenness, cruelty, adultery and more.

Filing a Complaint about Divorce

After filing a complaint about your divorce, the court issues summons and thereby initiates the notice of the lawsuit to the other party. It also notifies the other party that an answer must be filed within 30 days from the time served with the summons and complaint. The other party will respond to your complaints within 20 - 30 days with a reply or issue counterclaims for your filing.

If the other party is not filing any reply or response, a default judgment will be issued by the court in your favor for the divorce within the stipulated time. The relevant files will be moved to the court hearing and regular trials take place. The honorable court will make a judgment based on the evidence provided by both parties. The time span for final judgment differs and will be based on the legal proceedings followed by both the parties.