When you think about filing for divorce in Canehill Arkansas, the first thing that tends to come to mind is a long process, lots of divorce papers and hassle. If you are considering an uncontested divorce you are already going through a difficult period, and the last thing you need is to prolong this even further. Luckily, thanks to GetDivorcePapers.com you do not need to worry.
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In Canehill Arkansas you can file for either fault or no-fault divorce. A no-fault divorce is now in available in all states as it is the easiest way to get divorced. Parties are granted a divorce just because they no longer wish to be married and not due to the fault of anyone.
In fault divorce, a person may be able to allege that one spouse was the one responsible for, or at fault for, the breakdown of the marriage. For all of the grounds, they must have happened within 5 years of filing for divorce and it must have happened in Arkansas. Should the reason for divorce have happened in another state, the ground must still be recognized by the laws in Arkansas (See grounds below.)
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The divorce filing fee is around $165 and is paid directly to the court. The additional costs involved in filing for divorce will differ depending on a number of variables like document preparation, attorney fees if you hire an attorney, mediation for any issues you and your spouse do not agree on, service fees to serve your spouse, if necessary, etc. Our fee to prepare your forms is $139. We can also include a fee waiver you can file with the court to ask them to waive the filing fee.
There is a 30-day waiting period before your divorce can be finalized in Canehill Arkansas. The waiting period begins the day you file the Complaint.
In order to file for divorce in Canehill Arkansas, your or your spouse must live in Arkansas for at least 60-days and 90 days before the divorce can be finalized. For an uncontested divorce, you and your spouse must agree to the terms of divorce including the division of assets and debts, child custody and support, alimony, etc.
The only no-fault ground in Canehill Arkansas is that the spouses live separate and apart for 18 continuous months without cohabitation (sexual relations). Previously one party needed to be at fault to file for divorce in Canehill Arkansas, however now parties can divorce just because they no longer wish to be married. This is referred to as a no-fault divorce meaning you do not have to prove the fault of either party.
While you do not need your spouse's signature to get a divorce, the court requires you to give your spouse notice of the divorce filing. If you do not know the location of your spouse, you will need to exercise "due diligence" in trying to locate your spouse. You will need to present the court an affidavit stating the efforts you made to locate your spouse. After that the court will issue a "warning order". You will need to serve them by publication. This means that you will need to put ad in the local newspaper, of your spouse's last known location, giving notice of the divorce. The publication needs to run once a week for 2 consecutive weeks.
In most cases you will need to go to court to file the initial forms with the court. You may need to appear for the Judge to sign off on the Final Decree as well. If you and your spouse agree to the terms of the divorce, there will not need to be a trial.
The law assumes that the parents should have joint custody of minor children but can be decided differently, for example, if there is abuse or one parent is a registered sex offender. If the parents cannot agree on a custody arrangement, then the judge decides what is in the children's best interest. If the judge decides that joint custody will not work, then the judge decides who will have custody and who will have visitation. The judge will also decide if there are any restrictions on visitation. Child support is determined based on a state guideline amount. Any amounts paid for childcare and health care are taken into consideration when calculating the amount for child support. The parent with the least number of overnights with the child is considered the non-custodial parent and is the one that will pay child support.
Arkansas is an equitable distribution state. This means that in a divorce, the court will divide the assets in a fair and equitable manner. Equitable does not necessarily mean 50/50. There are several factors considered which includes:
There are three ways to serve your spouse in Arkansas. You can serve your spouse by certified mail (restricted delivery with return receipt requested), service by sheriff, or service by a process server.