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Arkansas Divorce Process
Preparing the Divorce Papers
The Complaint for Divorce states that one spouse has been a resident of Arkansas for at least 60 days, and it gives a legal ground for divorce. In Arkansas, grounds for divorce include impotence, a felony conviction, habitual drunkenness, cruel treatment, adultery, separation (the couple lived apart for 18 continuous months), and incurable insanity for one year and living apart for three years, or financial abandonment as well as irreconcilable differences.
Any issues, e.g. property and debt division, child custody, child support and alimony, should also be described in the complaint. If both spouses agree on all divorce issues, they may be able to do an uncontested divorce. They prepare and sign a property settlement agreement and state that all issues raised in the complaint have been resolved.
Filing the Paperwork with the Court
Filing means the plaintiff gives the divorce complaint to the clerk’s office of the circuit court in the county. The plaintiff gives a copy of the signed complaint to the clerk, who gives the plaintiff a copy with a date stamp and notation showing that it has been filed with the court. The clerk then issues the Standard Restraining Order, which states that neither spouse may dissipate marital funds and that neither spouse should harass the other.
Serving the Documents
The plaintiff gives the defendant copies of the divorce papers, which means serving the complaint, and it can be done in any county in Arkansas.
There are several ways to serve a spouse.
Disclosing Financial Information
Depending on local rules, the county of filing may require certain financial disclosures when filing for divorce. This information will likely include income, assets, debts, tax returns, bank statements, credit card statements, personal financial statements, and any other documentation containing financial information that the other spouse or the court should know about.
Uncontested vs. Contested Divorce
If both spouses agree on all divorce issues, they may be able to do an uncontested divorce, which means they agree on everything to be decided. They need to prepare and sign a property settlement agreement and state that all issues raised in the complaint have been resolved.
Finalizing the Divorce
The divorce is finalized the day of a final court hearing, but In Arkansas, a divorce cannot be granted until 30 days after the filing of the complaint for divorce.
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