Finding a divorce attorney in Arkansas is a relatively easy task. Family law is a popular and heavily practiced faction of our legal system. As with any life-changing journey, it is often considered wise to do a little research and ask questions so you know exactly where you stand in the process. Before you pick your divorce attorney in Arkansas, educate yourself with some of the requirements and grounds for filing for divorce in the state. The better you understand the laws and procedures that govern filing for divorce in Arkansas the fewer surprises you will encounter. If you want to go straight to a free consultation, click the button below. If not, keep reading.
Residency Requirement:
When filing for divorce independently or through a divorce attorney in Arkansas, there are residency requirements that must be met. The case will ultimately be dismissed if the court discovers it does not have jurisdiction over the case.
You must be a resident of the state of Arkansas for at least 60 days before filing for the divorce. After the initial filing, there is a 30-day waiting period before the divorce can be finalized. Regardless of the expertise of your divorce attorney in Arkansas, these requirements are applicable and must be adhered to.
The actual divorce proceedings will take place in the complainant’s county of residence. If the complainant resides in a state other than Arkansas and the defendant is a resident of Arkansas, the court proceeding shall be held in the defendant’s county of residence. Ark. Code Ann. § 9-12-301 and § 9-12-303.
Grounds for Filing Divorce:
When filing, your divorce attorney in Arkansas must declare the appropriate grounds on which the divorce is being sought. The lawful grounds for divorce can be determined by consulting an arkansas divorce attorney. But, even if your attorney files under a cause that can be substantiate, the opposing party may (and typically does) dispute the claim. Through the introduction of proper evidence, pleadings, and testimony, the court will decide if the grounds on which the divorce is being sought are sufficiently proven. The circuit court shall have the power to dissolve and set aside a marriage contract, not only from bed and board, but also from the bonds of matrimony, for the following causes:
“No-Fault” Divorce in Arkansas:
Technically, Arkansas doesn’t have a “No-Fault” divorce; however, many Arkansas divorce attorneys refer to the following cause of action as our state’s version of a no-fault divorce:
(1) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties;
Fault Divorce in Arkansas:
- When either party, at the time of the contract, was and still is impotent;
- When either party shall be convicted of a felony or other infamous crime;
- Be addicted to habitual drunkenness for one (1) year;
- Be guilty of such cruel and barbarous treatment as to endanger the life of the other;
- Offer such indignities to the person of the other as shall render his or her condition intolerable;
- When either party shall have committed adultery subsequent to the marriage. Ark. Code Ann. § 9-12-301.
It is always good to have some insight into what the court proceedings hold and to know your rights and responsibilities. Your Arkansas divorce attorney can help you to understand these rights and responsibilities plus offer the expertise and knowledge of the filing process. Consulting with a divorce attorney in Arkansas will put you on the right track and help you from start to finish in making such an important, life changing decision.
