REQUIREMENTS FOR A UNCONTESTED DIVORCE

1.      Residency Requirements:  To be eligible to file for a divorce in Arkansas you or your spouse must have been a resident of Arkansas for at least the last 60 days and at least one of you must have resided within the state for at least the last 90 days before the divorce can be finalized.  This additional 30 day period is often referred to as the waiting period.

2.     Grounds for Divorce in Arkansas: Arkansas recognizes both fault and no-fault grounds for divorce. No-fault grounds for divorce include those marriages in which the parties have lived separate and apart for at least 18 months without cohabitation.  There are several fault related grounds for divorce in Arkansas but most divorces are granted on grounds typically referred to as general indignities.  This typically means that conduct by your spouse has made your life miserable.   Grounds will be discussed at your initial appointment.

3.     Total Agreement:  After you meet the residency requirements and are satisfied that you have grounds for divorce, there must be total agreement between you and your spouse as to a division of your property and debts and in the case of marriages with children, total agreement with regard to custody of your children, visitation rights, and the amount of child support that will be paid by the non-custodial parent.  You and your spouse must be willing to sign all required paperwork and the person filing must be available to appear before the judge in court to present the case for divorce.

DON’T USE AN INTERNET DIVORCE KIT : 
When you decide to get an uncontested divorce don’t use a divorce kit that you print off of the internet.  Use an experienced divorce attorney who will complete your divorce quickly and easily with no mistakes that could cost you money and grief in the long run.  Don’t attempt to appear before the Judge by yourself only to be told that your paperwork is insufficient or that you have not followed the correct procedures required by the law.


The Law OFFICe of

DAVID STUBBS