This is the second post in our series of articles about seeking an uncontested divorce in the state of Arkansas. The last article provided an overview of important topics related to the uncontested divorce process and stressed the need to consult a qualified family law attorney if you are considering ending a marriage. It is important that you speak with counsel as soon as possible in order to ensure that you protect your interests. This post will discuss the eligibility requirements for pursuing an uncontested resolution in Little Rock and other areas in our state. If you need assistance then contact our office today to speak with a lawyer.
Arkansas residents are required to meet certain basic eligibility requirements to seek an uncontested divorce
To file for an uncontested divorce in Arkansas, you must meet certain requirements. First, our state requires at least one spouse to have resided here for 60 days or more prior to the filing. If only one spouse resides in Arkansas, the filing should be made in the county in which he or she lives. Second, the parties must be able to demonstrate that they are not living together. Third, the complaint for an uncontested divorce must state the grounds, or reason, for ending the marriage. One may file a to dissolve their marriage on “no-fault” grounds if they can prove they have not lived together for at least 18 months. Other grounds for seeking a divorce include impotence, adultery, mental illness for a period of 3 years, a felony conviction, cruel treatment, personal indignities, habitual drunkenness and refusing to support a dependent spouse. The parties may be required to prove residency, separation and grounds for divorce stated in the complaint by providing affidavits or corroborating witnesses to the Court at a hearing.
Little Rock, Arkansas residents must be in agreement on all settlement terms in order to complete an uncontested divorce
Assuming the parties can meet the eligibility requirements listed above, the parties can move forward with an uncontested divorce only if both parties are in complete agreement on the terms of a settlement. The settlement agreement, which will be entered with the Court, will set forth all of the terms of the parties’ property division, debt division, child custody, child support, visitation and alimony. The Court will require absolute agreement on each of these issues in order to approve the settlement agreement and grant an uncontested divorce. If the parties cannot agree on any of these elements, then they will be required to seek a contested divorce instead. The settlement agreement will be binding on the parties and, once approved, is difficult if not impossible to modify. Therefore, it is essential that the parties consider each of these matters carefully and consult a lawyer if assistance is required.
If you are considering ending a marriage, and need assistance, contact our office today to speak with a Little Rock uncontested divorce lawyer. Our attorneys can help you decide if this process is right for you. Contact us today to schedule a consultation. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.