What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Arkansas Divorce Records
- What Are the Residency Requirements for Divorce in Arkansas?
- What Are the Grounds for Divorce in Arkansas?
- How Much Does It Cost to File for Divorce in Arkansas?
- How Long Is the Waiting Period for Divorce in Arkansas?
- How To File for Divorce in Arkansas?
- Are Divorce Records Public in Arkansas?
- How To Get Certified Copies of a Divorce Decree in Arkansas?
- Divorce Settlement: Is Arkansas a 50/50 State?
- FAQs about the Divorce Process in Arkansas
Arkansas Divorce Records
Arkansas has one of the highest divorce rates in the United States, with a divorce rate of 3.5 divorces per 1,000 residents in 2022. While this rate is higher than the national average of 2.3 divorces per 1,000 residents, it represents a gradual decline compared to previous decades.
Arkansas divorce records are generally considered public and may be accessed in multiple forms, including:
- Divorce Certificates: Divorce certificates include basic information, such as the names of both parties, the date of the divorce, and the location where it was finalized. These records are maintained by the Arkansas Department of Health (ADH), Vital Records Office.
- Divorce Decrees: These records outline the terms of the divorce including orders for property division, child custody, spousal support, and child support. Divorce decrees are maintained by the clerk of the Circuit Court where the divorces are finalized
- Divorce Case Files: These records contain the complete legal history of divorce proceedings including petitions, motions, evidence, and transcripts. They are maintained by the clerk of the circuit court.
What Are the Residency Requirements for Divorce in Arkansas?
Arkansas' residency requirement for divorce mandates that either spouse must have lived in the State of Arkansas for a minimum of 60 days before filing for the divorce and three complete months before the court grants the final judgment in the divorce proceedings. This requirement is outlined in Section 9-12-307 of the Arkansas Code.
What Are the Grounds for Divorce in Arkansas?
No-fault grounds and fault-based grounds are allowed in Arkansas. For no-fault grounds, one or both spouses may claim irreconcilable differences in their marital relationship as the reason for the divorce. For no-fault grounds to hold, both spouses must have lived separate, apart, and without domestic relations for at least 18 full months.
Per Section 9-12-301 of the Arkansas Code, fault-based grounds for divorce in the state are:
- Adultery
- Impotence
- Incurable insanity
- Failure to support
- General indignities
- Felony conviction
- Cruel and barbarous treatment, including domestic violence
- Habitual drunkenness (for a minimum of one year)
How Much Does It Cost to File for Divorce in Arkansas?
The national average cost of a divorce in the United States is between $15,000 and $20,000. In Arkansas, the figure is comparable for contested divorces, however, the median cost for an uncontested divorce in the state is about $11,000. In neighboring Missouri, the average cost ranges from $12,000 to $18,000, with variations depending on child custody disputes and property division. In Tennessee, divorce costs an average of between $13,000 and $19,000.
The typical divorce petition filing fee in most counties is $165. Besides this fee, other costs that may inflate the total cost of finalizing an Arkansas divorce include:
- Attorney fees
- Mediation costs
- Spousal and child support expenses
- Joint debts and property division
- Court motion fees
How Long Is the Waiting Period for Divorce in Arkansas?
There is a 30-day waiting or cooling-off period after filing a petition for divorce before the matter may be finalized. Note that a waiting period is not the same as a separation period. A waiting period is a legally mandated period between filing the divorce petition and when the court may issue a final divorce decree. A separation period is a period required for couples to live separately for 18 months before filing for divorce. During a separation period, couples are not allowed to cohabit or maintain a marital relationship.
For no-fault divorces in Arkansas, the couples are required to have lived separately for 18 months before filing for divorce.
How To File for Divorce in Arkansas?
You may file for divorce in Arkansas by following these steps:
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Prepare the Necessary Documents: After meeting the residency requirement, you may initiate the divorce process by preparing and completing the required documents. These typically include the Complaint for Divorce:
- Summons
- Affidavit of Residency
- Marital Settlement Agreement (if the divorce is uncontested)
Additional documents may be required if children are involved, such as a parenting plan or child support forms. Some of the relevant forms may be found on the Arkansas Courts website or the office of the clerk of the court.
- File the Petition with the Circuit Court: Once all the required documents are prepared, they must be filed with the clerk of the Circuit Court in the appropriate county where either spouse resides. Pay the filing fee. If you cannot afford the fees, a Petition for Waiver of Fees may be filed to request an exemption.
- Serve Divorce Papers: After filing the petition, you must serve the divorce papers on your spouse. Once service is completed, the court requires proof of service, and your spouse has 30 days to respond.
- Attend Court Hearings (if required): In contested divorces, both spouses may need to attend court hearings to present their evidence and arguments. These hearings allow the judge to evaluate the case and make decisions on unresolved matters. For uncontested divorces, a court appearance may not be necessary if all documents are properly filed and agreed upon.
- Finalize the Divorce: Once all requirements are met, the court will issue a divorce decree, which officially ends the marriage. The decree will detail the final terms of the divorce, including property division, custody arrangements, and support obligations.
Are Divorce Records Public in Arkansas?
Divorce records are generally public and accessible to the individuals named on the records and third parties following the provisions of the Arkansas Freedom of Information Act (FOIA). Divorce records are maintained by the clerk of the court where the cases are finalized. Hence, requests for divorce records must be made to the clerk of courts who are the official custodians of the records.
Note that certain parts of divorce records may be sealed by court order to protect sensitive information. Once sealed, only authorized individuals, such as the parties involved, their attorneys, or government officials, may access the records.
How To Get Certified Copies of a Divorce Decree in Arkansas?
To obtain a certified copy of a divorce decree in Arkansas, you must request it from the clerk of the circuit court in the county where the divorce was finalized. Once you determine the court where the divorce was granted, submit a request to the office of the clerk of the court in person, by mail, or online (depending on the request options allowed by the court). You will be required to pay the fee applicable for a copy of the requested record.
Divorce Settlement: Is Arkansas a 50/50 State?
In Arkansas, the division of property during a divorce is governed by Arkansas Code Annotated § 9-12-315. This statute mandates that all marital property be divided equally between the parties unless an equal division is deemed inequitable. Non-marital property, on the other hand, is typically awarded to the party who owned it before the marriage.
Unlike community property states, where marital assets are automatically split 50/50, Arkansas follows an equitable distribution model. Under this framework, there is a presumption that an equal (50/50) division is fair, but the court retains the discretion to deviate from this presumption when circumstances justify it.
As an equitable distribution state, Arkansas courts evaluate a range of factors to determine a fair allocation of property, including but not limited to:
- The length of the marriage
- The financial and non-financial contributions of each spouse
- The earning potential and financial circumstances of each party
- The division of marital debts
- Other relevant considerations that impact the fairness
FAQs about the Divorce Process in Arkansas
Here are answers to frequently asked questions about the divorce process in Arkansas.
How Do I Modify a Divorce Decree in Arkansas?
Arkansas allows for the modification of a divorce decree by the filing of a motion for modification with the circuit court that issued the original divorce decree. The motion must include the specific provisions that the filer wants modified and supporting evidence demonstrating material change in circumstances warranting a modification must be submitted along with the motion.
Examples of material changes in circumstances that may necessitate a modification of the divorce decree include:
- Changes in income or employment
- Medical records indicating health issues
- Evidence of a parent's relocation or new living arrangements
- Proof of a child's changing needs or best interests
After submitting the motion in court, you must serve the other party notification of your legal action. After, the court will schedule a hearing where both parties may argue their cases and a decision may be made.
How Do I Enforce a Divorce Decree in Arkansas?
To enforce a divorce decree in Arkansas, you must initiate the process by filing a formal motion with the court that issued the original decree. This motion must clearly identify the specific provisions of the decree that have been violated by the other party and provide evidence to back up your claims.
After filing the motion, a court hearing will be scheduled. During the hearing, both parties must present their arguments and evidence. In court, it is your responsibility to establish that the other party has failed to comply with the terms of the divorce decree.
If the judge determines that the terms of the decree have indeed been violated, the court may issue additional orders to enforce compliance. These orders may include payment of arrears, imposing fines, or even holding the non-compliant party in contempt of court. Depending on the severity of the violation, the court may also order other remedies to ensure compliance with the decree.
What Are the Restrictions to a Divorce Decree in Arkansas?
Section 9-14-107 of the Arkansas Code allows for the modification of child support orders if there is a material change in circumstances, such as changes in income, employment, or the needs of the child. Also, Section 9-13-101 of the Arkansas Code allows for the modification of child custody and visitation. A material change in circumstances, such as relocation of a parent or health challenges in the parent may suffice for the court to permit modifications to child custody and visitation arrangements.
Spousal support arrangements may also be modified according to Section 9-12-312(a) of the Arkansas Code. However, property and debt division orders are not modifiable once finalized, except under extreme circumstances, such as undeclared property or fraud.
Can I Efile My Divorce in Arkansas?
E-filing is available in Arkansas in certain courts via the state's eFlex system. However, you may need to pay a fee to sign up on the system. E-filing is optional and mandatory as filers may visit the courthouse to file papers in person.
How Do You Serve Divorce Papers in Arkansas?
You may serve papers on your spouse in the following ways:
- Personal Service: An adult aged 18 or older who is not a party to the case. The individual must complete an Affidavit of Service, detailing when, where, and how the service was completed
- Service by Sheriff or Process Server: For a fee, you may hire a sheriff or licensed process server to deliver divorce papers. An Affidavit or return of service is also required
- Service by Certified Mail: You may serve papers by certified mail with a return receipt requested
- Publication: If after diligent efforts to locate your spouse, they remain elusive, you may request court approval to serve them by publication. You must publish the notice in a local newspaper with a wide reach for consecutive weeks and file proof of publication with the court.
Does Arkansas Mandate Couples to Participate in Divorce Mediation or Counselling?
Mediation is not mandatory in all divorce cases in Arkansas. However, it is not uncommon for courts in the state to order mediation or counseling in specific situations, such as those involving custody disputes.
How Do I Seal My Divorce Records in Arkansas?
In Arkansas, divorce records may be sealed to protect the privacy or safety of the parties involved. To initiate this process, a party must file a motion with the court that handled the divorce. The court may hold a hearing to evaluate the request, during which the judge assesses whether the need for privacy outweighs the public's right to access the records. If sufficient justification is provided, the judge will issue an order to seal all or part of the records, specifying the extent of the seal and who may access them. Once sealed, the records are no longer accessible to the general public and are limited to authorized individuals, including the parties involved, their attorneys, or approved government agencies.
How Does Arkansas Calculate Alimony?
Alimony is calculated on a case-by-case basis in Arkansas. There is no fixed formula to calculate alimony. Rather, judges in the state courts consider several factors to decide the duration, amount, and type of alimony that may be granted.
The primary factors considered by Arkansas courts include the requesting spouse's financial need and the other spouse's ability to pay. Beyond these, the courts will also consider:
- Both spouses' financial circumstances: The current and anticipated income, assets, and resources
- Disposable income: How much of each spouse's income is available for spending
- Earning capacity: Each spouse's ability to earn income
- Jointly owned property: The value and disposition of jointly owned assets, including the family home
- Property received: The gifts or property awarded in the divorce
- Health and medical needs: Both spouses' physical and medical conditions
- Standard of living: The couple's lifestyle during the marriage
- Duration of the marriage: The length of the marital relationship
- Child support obligations: Impact of child support on financial needs
How Do I Access Historic Divorce Records in Arkansas?
People often request historic Arkansas divorce records for many reasons, such as genealogical research and other verification purposes. You may request historic divorce records from the Arkansas Department of Health by mail, telephone, online, or via walk-in service. Note that same-day service is not available for genealogical walk-in requests for records before 1935. In addition, a historic divorce record may also be obtained by contacting the clerk of the circuit court where the case was finalized.
