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Get to know the divorce laws in Arkansas

On Behalf of | Nov 8, 2018 | Firm News

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Getting a divorce is usually not something people want to talk about, but it might be a reality in your life. As such, it is important that you know how the laws affect you.

Arkansas has specific laws regarding divorce. These are not the same as other states in all instances, so be cautious when reviewing what you need to know. Here are a few basic facts to understand about a divorce in Arkansas.

Filing for divorce in Arkansas: The steps

To file for a divorce in Arkansas, you’ll have to file a petition with the court. If you and your spouse are not contesting the divorce, then you can bring your divorce, with all issues resolved, to the judge for approval. If there are disputes, then you will need to go through a court hearing to resolve those problems.

To be eligible to divorce in Arkansas, it is your responsibility to understand the requirements. For instance, did you know that you have to be a resident of Arkansas for at least 60 days before you file? That’s right. If you aren’t, you won’t be able to seek a divorce.

Once you meet the basic residency requirement, you need to wait 30 days following the filing of the petition to have the divorce granted. That’s a relatively short time compared to some other states.

Can you get alimony in Arkansas?

Arkansas’s laws do allow for alimony, which is good news if you are the lesser-earning spouse. You have a right to seek alimony, but whether you obtain it may be a product of how well you negotiate or a judge’s decision. A judge may need to decide if the circumstances of your marriage warrant alimony or if alimony is unnecessary based on your income or other factors in the case.

Is a divorce expensive?

Divorces are expensive in some instances, but particularly if they are contested. The filing fee is only $165-$185, but the fees charged by your attorney, court costs and other factors may make your divorce cost much more in the end.

It is a good idea to talk to your attorney about their fee schedule and then to plan on how you will pay for the divorce throughout the process. You may be able to negotiate that your spouse will pay for the proceedings in some instances, depending on the circumstances that apply.


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