Arkansas No Fault Divorce

Divorce Papers > No Fault Divorce > Arkansas No Fault Divorce

The main aim of every divorce process is to provide an organized and legal ending to the marriage. However, this legal process mainly occurs in accordance with the laws and rights of the concerned state. Every state has its own divorce laws and rights. Similarly, a no fault divorce process that occurs in Arkansas is also obtained on the basis of the laws and policies defined in this particular state. The no fault divorce condition mainly occur where either of two partners files a divorce case on the basis of a definite ground. The ground that is mentioned on the petition file should positively highlight the unresolved state of the failing marriage. The divorcing partner, who begins the process of filing the case in the court, is called as the petitioner . The other divorcing partner, who is served the divorce papers, is known as the respondent. The venue for filing the divorce papers is the Chancery court in the state. The court allocates a case number when the divorce papers are filed. As compared to the rest of the divorce forms, a no fault divorce process is considered to be less time consuming and less expensive in so many respects. However, there are some basic criteria that is needed to be fulfilled before filing a no fault divorce in the court house of the state. Here we are providing detailed information regarding major grounds and definite procedure followed while filing a divorce in the court.

Residency requirements for Arkansas no fault divorce

The Arkansas Code Section 9-12-307 is regarding the residency requirements. Prior to filing for divorce, the plaintiff or defendant must be residing in this state for minimum sixty days. Also, prior to the final judgment, before granting the divorce decree, the plaintiff or the defendant must be living in the state of Arkansas for three entire months.

Grounds for Arkansas No Fault Divorce

• Due to the reason of "irreconcilable differences" or "incompatible temperaments", the marriage is declared as a irretrievably broken relationship. So, both the divorcing partners are mutually ready to obtain a divorce. The court decides that in such a case, it would not be in the best interest of the divorcing partners to try to mend the marriage.
• For eighteen consecutive months, the divorcing partners must have been apart and start living separately. During this period, there must not be any cohabitation. Such a separation must have been selected voluntarily.

In the above mentioned grounds for divorce, the character of the one partner is not amalgamated by the other and there is no blame-game. At the same time, there is no possibility of filing any compliant against any partner as it is not the major requirement by the court house.

Procedure of Arkansas no fault divorce

• If the plaintiff is a resident of this state, then, the county wherein the plaintiff resides is considered as a final venue for filling divorce
• If the plaintiff is not a resident of this state, but the defendant is, then, the county in which the defendant lives is selected to file the divorce papers.
• The above two points are mentioned in Arkansas Code 9-12-303
• The Arkansas Code Section 9-12-310 and 9-12-307 indicate that from the date of filing, there is a waiting period of thirty days.
• At times the divorcing partners may have minor children who are living with one or both divorcing partners. In such a case, the court demands that one of the following two actions must be completed before or after entering a decree of divorce
  • A mediation must be carried out regarding visitation, custody and parenting issues
  • The divorcing parents must attend minimum two hours classes related to parenting issues of divorced parents

  These actions are according to section 9-12-322 that is included in the code of the state.

• As per Section 9-12-318, restoration of the name of the wife by the court is possible. The wife is given the name that she held before the marriage is been dissolved

Distribution of Property

Consider that one divorced partner is residing with a new partner, while the other divorced partner is single. In such a case, the Judge grants more marital property to the singular partner and less marital property to the former partner. However, if both are single, then the marital property is equitably distributed. Similarly, the other marital possessions are divided in accordance with the joint agreement of both the parties in front of the court house.

A no fault divorce reflects the condition where both the spouses are ready to get divorce without filing any complaint against another partner. However, Arkansas no fault divorce is also taken place on the basis of definite grounds and rights defined for the state.

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