Arkansas divorce law synopsis – coming soon from Good Divorce Lawyers!
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Arkansas divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Someone seeking a divorce in Arkansas must have lived in the state for a minimum of 60 days, and they must file their Complaint for Divorce in Arkansas with the Arkansas Chancery Court. There is also a 3 month waiting period before a divorce can be finalized. However, the grounds for divorce in Arkansas can be quite specific.
Arkansas Grounds for Divorce
There are both fault and no-fault divorces commonly granted in Arkansas.
Uncontested Divorce in Arkansas
In order to proceed with an uncontested divorce, both parties must have agreed to all elements of the divorce settlement, including division of property, pensions and retirement benefits; and child custody, in which one party will have sole custody. In addition, an uncontested divorce cannot proceed if either party is on active duty in the military.
Contested Divorce in Arkansas
If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce. The grounds for a contested divorce are the same as for pursuing a fault-based divorce in Arkansas.
Annulment in Arkansas
While a divorce is much easier to prove and to obtain, there are specific grounds for annulment listed under Arkansas law:
- Fraud
- Duress
- Bigamy, or the existence of a prior marriage
- Consanguinity, or marrying a half-blood or full-blood relative
No Fault Divorce in Arkansas
In order to obtain a no-fault divorce in Arkansas, there are just two requirements:
- The parties must have been separated for a minimum of 18 months
- There must be mutual consent from both parties, or there must be equal fault between them
Arkansas Fault Divorce
There are a number of legal reasons for seeking a fault-based divorce in Arkansas:
- Impotence
- Felony conviction or conviction of another infamous crime
- Habitual drunkenness for 1 year or more
- Cruel and barbarous treatment that endangers the life of a spouse
- Shameful requirements that result in such indignity that the spouse considers their position intolerable
- Adultery
Arkansas Divorce and Child Custody
Child Custody Laws
Arkansas courts are committed to pursuing the best interests of the child in all child custody determinations, making the parents of second, but equal, importance. There are, however, several issues of vital importance, such as:
- The preferences of the child
- The parent that will be more likely to allow contact with the non-custodial parent regularly and often
- Domestic abuse by either parent
- If it is considered to be the best option for the child, Arkansas courts will not hesitate to award custody to a grandparent of either sex.
Child Alimony
Arkansas follows the most recent revision of the family support chart to determine child support based on the Percent of Income Model, in most cases. Support continues until age 18, under most circumstances, and it is paid by wage assignment from the paying parent’s salary. Factors influencing the court’s order for child support include:
- The circumstances of the parent and child
- The nature of the case
- In addition, any excessive requirements that apply to a particular child would be considered.
Arkansas Divorce Spousal Support
In Arkansas, either parent may be awarded spousal support, or alimony.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Arkansas
Spouses in the military are protected by Arkansas law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Copyright Notice: The above abbreviated synopsis of Arkansas state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.