How to File for No Fault Divorce in Arkansas

Divorce is a legal process that terminates a marriage or marital union. It involves the canceling and reorganizing of legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. In the United States, divorce laws vary from state to state, and each state has specific requirements and procedures for filing for divorce.

Who Cares About Divorce?

People who are considering divorce or going through a divorce are often looking for information on how to navigate the process. They may be seeking guidance on the legal requirements, steps to take, and the implications of divorce on their assets, children, and overall well-being.

Nuances by State

When it comes to divorce, each state has its own laws and regulations that govern the process. In Arkansas, one of the options for divorce is a "no fault" divorce, which means that neither party is required to prove that the other party is at fault for the marriage breakdown.

How to File for No Fault Divorce in Arkansas

To file for a no fault divorce in Arkansas, one of the spouses must have been a resident of the state for at least 60 days before filing. The process typically involves the following steps:

1. Prepare the Petition: The spouse initiating the divorce (the petitioner) must prepare a petition for divorce, stating that the marriage is irretrievably broken and that there is no reasonable prospect of reconciliation.

2. File the Petition: The petition must be filed with the circuit court in the county where either spouse resides. There will be a filing fee associated with the petition.

3. Serve the Other Spouse: The petition must be served to the other spouse (the respondent) along with a summons to appear in court.

4. Wait for Response: The respondent has 30 days to respond to the petition. If they do not respond, the court may proceed with the divorce without their input.

5. Negotiate Settlement or Attend Hearing: If both spouses agree on the terms of the divorce, they can negotiate a settlement. If not, a hearing will be scheduled where the court will decide on matters such as property division, child custody, and support.

6. Finalize the Divorce: Once all issues are settled, a final divorce decree will be issued by the court, officially terminating the marriage.

Example Scenarios

• John and Sarah: John and Sarah have been living separately for over a year and have agreed that a divorce is the best option for both of them. They decide to file for a no fault divorce in Arkansas to make the process smoother and less contentious.

• David and Emily: David and Emily have been unable to come to an agreement on the terms of their divorce. They attend a hearing where the court helps them resolve issues related to their property and child custody before finalizing the divorce.

If you are considering a divorce in Arkansas, it's crucial to understand the specific requirements and procedures for a no fault divorce. Seeking legal advice from a qualified attorney can also help ensure that your rights are protected throughout the process.