What Do I Need to Know About Filing Divorce in Arkansas with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Grounds for Divorce in Arkansas.
Help Yourself Divorce is a no-fault divorce service, so we will prepare your divorce papers based on the ground that the parties have lived separate and apart from each other for 18 continuous months without cohabitation.
Residency Requirements for Arkansas Divorce.
You can file for divorce once at least one spouse has been a resident of the State of Arkansas for at least 60 days. However, before your divorce can be finalized, you must be a resident for at least 3 full months.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must currently live in Arkansas, and must have lived in Arkansas for at least six months.
Please note that you may be able to qualify for residency based on other requirements. If you do not fall into one of the above categories, please seek advice from an attorney.
Arkansas Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Filing Divorce in Arkansas.
Generally, you will file for divorce in the county where the petitioner lives. However, if the petitioner is not an Arkansas resident, but the defendant is, then you will generally file in the county where the defendant lives.
Serving Your Spouse.
After filing for divorce, you must “serve” your spouse with a copy of the divorce papers. However, because this will be an uncontested divorce, you do not need to use formal service by Sheriff or process server. All you need to do is mail a copy of the papers by regular mail, and your spouse will sign a form acknowledging he or she received a copy of the divorce papers.
Waiting Period Before Divorce is Finalized in Arkansas.
There is a waiting period of at least 30 days after you file your divorce, before your divorce can be finalized.
Arkansas Final Uncontested Divorce Hearing.
Your divorce will be finalized during a brief hearing. The Judge will decide which spouse, if either, needs to attend this hearing.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.