Arkansas Divorce & Separation
UPDATED: March 4, 2020
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Getting a separation or divorce is common in every state, but it’s important to know the unique laws and rules that govern these legal processes in your state. What are the requirements for getting a divorce in Arkansas? Is mediation a requirement before you can get a divorce in Arkansas? What is Arkansas law on annulments? Find the answers to your Arkansas divorce questions here.
Arkansas Legal Separation:
Arkansas courts usually will allow and enforce “separation agreements” if they are entered into willingly by the couple, the terms of the agreement are reasonable to the court, and operate in the best interests of children, if any are involved.
Grounds for Divorce/Fault – No Fault:
Arkansas has both fault and no-fault grounds for divorce. For no-fault divorces, “irretrievable breakdown of the marriage” is the standard used to show grounds for divorce. Fault-based divorces, on the other hand, require grounds to be considerably more specific, such as: adultery, one party’s “intolerable behavior,” abandonment for more than six months, or both parties having agreed to the dissolution of the marriage and having lived separate and apart for more than one year, or both parties having lived separate and apart for more than two years.
Residency/Where to File for Divorce:
At least one party must reside in the state for 60 days before filing, and 3 months before the divorce is finalized. The complaint must be filed in the county where the plaintiff (the complainant) resides.
Availability of Simplified or Special Divorce Procedures:
There are no major simplified divorce proceedings available; however, Arkansas courts have simplified a few procedures in the case of uncontested divorces, such as filing proof of residence or of separation (without cohabitation). In these cases, oral testimony can often substitute for the filing requirement as proof.
Arkansas Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Arkansas:
Where children are involved, the parents may be required to complete at least 2 hours of parenting classes before their divorce can be heard. This can take the form of mediation, or mediation can be an entirely separate court-imposed requirement.
Annulment in Arkansas differs from divorce or legal separation proceedings in that the annulment declares the marriage to have been invalid, such that it never properly existed in the first place. Thus, getting a divorce or legal separation is unnecessary. Annulments are granted under a very limited set of circumstances, such as failure of a party to give voluntary legal consent at the time of the marriage ceremony (because of force, fraud, one party being underage or suffering from mental illness, or consanguinity).
Arkansas Online Divorce Services:
Arkansas Divorce Laws: Click below to find the Arkansas Divorce laws you’re looking for: