Uncontested Divorce in Arkansas

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 3 months in addition to the 60 days mentioned above.

The venue for filing the action 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

The usual grounds for divorce in this state are as follows.

• 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 case of no-fault divorces, the only ground is that the divorcing partners should be residing separately in the absence of cohabitation for 18 months.

Some facts regarding Uncontested Divorce in Arkansas

The Circuit Court is the venue where the actions for divorce 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 of divorce 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 divorce procedure

If the divorce does not involve children, the following form has to be filed by the Plaintiff.

• A complaint for divorce: This form indicates 3 facts as follows.
  • The Plaintiff is fulfilling 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 a 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.

Divorce Papers