Uncontested Divorce in Arkansas

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Divorce laws in USA differ from one state to another. When separating couples file for divorce, they have to abide by the laws of that state from where they are fighting the case. Arkansas located in the southern part of USA has a higher divorce rate. Many couples file for uncontested divorce in Arkansas, as they don't want to involve themselves in lengthy court proceedings. They consult a lawyer or fight their case on their own. Whatever may be the process, one should know the procedures, requirements and exceptions that are relevant in their case. This knowledge strengthens one to protect their interests in a logical way.

A brief overview of the residency requirements, venue for filing the action, grounds, different procedures and waiting period are elaborated here. Take a glimpse at the following in order to have an idea of the total process.

Residency Requirement

A divorcing partner, who has stayed in Arkansas for minimum 60 days, can file for a divorce in this state. Before the action can be made final, the spouse must reside in the state for three months in addition to the 60 days mentioned above.

Venue for filing the Divorce

The venue is the county wherein the Plaintiff resides. However, in case the Plaintiff is not a resident of this state then the county in which the Defendant resides becomes the venue.

Grounds for Uncontested Divorce in Arkansas

Following are the conditions in which a case can be filed:

• One spouse is capable of supporting the other, but the spouse intentionally fails to offer suitable maintenance to the complaining partner.
• Conviction and / or commission of an infamous crime
• Habitual intemperance (drunkenness) for a year
• Personal indignities
• Inhuman and cruel treatment that risks the life of the partner
• Conviction of a felony
• Mental illness leading to confinement for a span of 3 years
• Adultery
• Impotence

In no-fault cases, the only requirement is that the divorcing partners should be residing separately in the absence of cohabitation for eighteen months.

Some facts regarding Uncontested Divorce in Arkansas

The Circuit Court is the venue where the actions are filed. The partner who files the actions is referred to as a Plaintiff, and the spouse who responds to the actions is called as the Defendant.

The following proofs may be provided by a signed affidavit from a third party:

• Proof of cohabitation
• Proof of separation
• Proof of a spouse's residency

The evidence regarding the grounds need not be confirmed by a third party. If the party filing the action is poor, then it may file "Formas Pauperis". This has special significance if the Plaintiff has some problem in serving the divorce papers to the Defendant.

Initial procedure

If the process does not involve children, the following form has to be filed by the Plaintiff:

• A complaint for divorce: This form indicates three facts which are described as follows:
  • The Plaintiff fulfills the residency requirements.
  • The marriage has not resulted in any minor children and none are expected in the future.
  • The spouses have separated and would remain separated.

Such a Complaint has to be filed by the Plaintiff along with a cover sheet to the Circuit Clerk. Further, this clerk produces a Standard Restraining Order which prevents any dissipation of marital property or any mutual harassment between the spouses. The clerk also issues Summons as per which the Defendant is allocated a fixed duration to answer the Complaint.

The Defendant has the right to waive service of the Summons and Complaint. For this, the Defendant has to sign a notarized and verified Waiver of Service of Summons and Entry of Appearance. By following such a procedure, the Defendant waives service of process and accedes to allow the case to proceed.

There may be some cases where the Defendant is unwilling to sign an Entry of Appearance and also Waiver of Service of Summons. In such cases, he or she must be served in any of the following ways:

• Service by Process Server or Sheriff
• Service by Return Receipt Requested, Certified Mail, Restricted Delivery, following which the Plaintiff needs to complete and file an Affidavit of Service by Mail. They also needs to attach the green postal card to the Affidavit of Service.
• It may so happen that the Defendant cannot be served in any of the above-mentioned ways. In such cases, the Plaintiff must serve the Defendant by publication.

Waiting Period

Almost in every state in the US, there is a waiting period for an uncontested period. Waiting period means you have to wait for some days or months from the time you have filed for the case till the judge signs the decree. In Arkansas you have to wait for a minimum of thirty days before the case gets final.

The information given above is not legal advice but covers some of the most important areas of an uncontested divorce in Arkansas. To know the process in detail and to clarify relevant issues in your case, you must meet a professional attorney.

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