What are the most common worries and misunderstandings about divorce in Arkansas?
The two most common misunderstandings are regarding child custody and property division. People often assume that mothers will get custody, but Arkansas law now prefers true joint custody. Additionally, people mistakenly believe that their spouse will get half of everything, but they only get half of the marital property, not half of the non-marital property.
What are the grounds for divorce in Arkansas?
Arkansas is a "grounds" state with the only no-fault grounds being separation for 18 months or more. Most divorces proceed on general indignities, which include rudeness, neglect, and mistreatment that made the marriage intolerable. However, in most cases, the grounds don't become an issue as both parties usually agree to the divorce.
What is the difference between contested and uncontested divorce in Arkansas?
A contested divorce occurs when the other party files an answer with the court opposing the divorce, while an uncontested divorce proceeds without opposition. In uncontested cases, the proposed decree is sent to the other party, and if they don't file an answer, the decree goes through without contest.
Is there a waiting period for divorce in Arkansas?
Yes, there is a 30-day waiting period after filing for divorce. This period is meant to give both parties time to reconsider their decision. While it is possible to obtain a decree after 30 days, it is more likely to take slightly longer due to court schedules.
This article is general information about Arkansas law, not legal advice about your situation, and reading it does not create an attorney-client relationship. The law changes. Talk to a lawyer about your own facts before acting.