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Arkansas Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Arkansas. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Arkansas, certain forms may or may not be required by the Arkansas courts.
Complaint for Divorce
The Complaint for Divorce stipulates that the Plaintiff meet the residency requirement, that there are no minor children born of the marriage and none expected, that "the Defendant treated the Plaintiff with such indignities as to render the Plaintiff's condition in life intolerable and to entitle him/her to an absolute divorce," and that the parties have separated and remained separated. The Complaint is verified and notarized.
The Restraining Order, signed by the circuit judge, restrains both parties from harassment of "the adverse party or any children of the adverse party" as well as dissipation of marital property.
The Summons, issued by the court clerk when the Complaint for Divorce is filed, informs the Defendant that the action has been started and warns him that he has to respond to the Complaint or face a default judgment.
Affidavit of Service by Mail
The Affidavit of Service by Mail, acknowledged by the Plaintiff and notarized, attests to the fact that he or she mailed the Defendant a copy of the Summons and the Complaint by certified mail, return receipt requested. The green postal receipt card is attached to the Affidavit as an exhibit.
Affidavit for Warning Order
The Affidavit for Warning Order, acknowledged by the Plaintiff and notarized attests to the his or her efforts to locate the Defendant and his or her belief that the Defendant is "a nonresident of... Arkansas or has no known address..."
Affidavit of Service by Warning Order
The Affidavit of Service by Warning Order, acknowledged by the Plaintiff and notarized, attests to his or her 1) publication of a Warning Order in a general circulation newspaper, if the court did not grant him or her permission to proceed with the divorce In Forma Pauperis, or 2) posting of a Warning Order on a bulletin board in the courthouse, if the court granted him or her permission to proceed with the divorce In Forma Pauperis. The Affidavit of Service by Warning Order is filed 30 days after the Warning Order is published or posted.
Entry of Appearance and Waiver of Service of Summons
Signed and verified by the Defendant and notarized, the Entry of Appearance and Waiver of Service of Summons, attests that he or she agrees to let the case proceed and waives service of process.
Property Settlement Agreement
The Property Settlement Agreement, signed by both spouse and notarized, describes the mutual agreement by which the spouses divide and distribute their assets and liabilities.
Petition for Leave to Proceed In Forma Pauperis
The Petition for Leave to Proceed In Forma Pauperis, which must be notarized, attests to the fact that the "plaintiff's income barely suffices to meet the cost of daily essentials of life and includes no allotment that could be budgeted to pay for court fees and costs incident to this [divorce] proceeding."
Affidavit in Support of Request to Proceed In Forma Pauperis
The Affidavit in Support of Request to Proceed In Forma Pauperis, which must be notarized, supports the claim of the affiant with information about salary and wages, employment, income sources, bank accounts and dependents.
Order Granting Leave to Proceed in Forma Pauperis
The Order Granting Leave to Proceed in Forma Pauperis, when signed by the judge, exempts that Petitioner from fees and costs associated with the divorce.
Decree of Divorce
The Decree of Divorce, prepared by the Plaintiff, ends the marriage when is signed by the judge after the divorce hearing. One of two forms is normally used: a decree with no property settlement or a decree with a property settlement. When the action is uncontested, the Plaintiff and Defendant will have reached and signed a Property Settlement Agreement, which is attached to the Decree of Divorce.
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