A lot of people come into our office and don’t have a single idea about the steps involved in getting a divorce. That’s okay! We like providing our clients with answers. Below are a few frequently asked questions that may help you when thinking about a divorce and/or looking for an attorney.
How/where do I file for divorce?
In order to file for divorce in Arkansas, you must have lived in the State of Arkansas for at least 60 days prior to filing. It does not matter where you were married. You could have married in Alaska 90 days ago, as long as you have resided in Arkansas for at least 60 days, you can file for divorce.
To begin a divorce action, all you have to do is file a Complaint for Divorce with the Circuit Clerk. You will file this document in the county where you reside. While we always recommend hiring an attorney to assist you through this process, the law does allow you to represent yourself. Legal aid has some great forms readily available for those who wish to represent themselves: https://a.arlawhelp.org/divorce-separation-annulment/introduction
At the time you file the complaint, you will need the circuit clerk to prepare a summons. The summons and complaint must be served on your spouse within 120 days. Your spouse can always agree to waive service but any waiver will need to be in writing and notarized.
What are the grounds for divorce?
Is your spouse a drunk? Did your spouse cheat? Have you just not seen your spouse in over 18 months?
The most common grounds for divorce in Arkansas are those of “general indignities.” What is a general indignity? We’re glad you asked! The Courts have said that “a plaintiff must show a habitual, continuous, permanent, and plain manifestation of settled hate, alienation, and estrangement on the part of one spouse, sufficient to render the condition of the other intolerable.” Poore v. Poore
, 2001 76 Ark. App. 99.
If you’re considering a divorce, odds are your spouse has made your life intolerable.
How will property/debt be divided?
The general rule is that all marital property will be divided 50/50. Ark. Code Ann. 9-12-315. As a general rule of thumb, marital property is property that was acquired during the marriage (no duh, right?). But there is some property that is not considered marital whether it was obtained before or after the marriage. For example, gifts, inheritance, or benefits received through a worker’s comp claim.
Even though the default rule is to divide marital property 50/50, a court can divide anyway it wants if the court finds a 50/50 distribution would be inequitable. In these cases, the court will consider a variety of factors to determine what an equitable distribution would be. These factors are: i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income;(v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property.
Who will get the kids?
Arkansas law says that joint custody is in the best interest of the child. The most likely outcome of any custody dispute is joint, but that is not guaranteed. While the presumption is in favor of joint custody, it is not mandatory, and the “ultimate guiding principle that the best interest of the child is the polestar factor for custody determination.” Pilcher v. McWilliams,
655 S.W.3d 868, 2022 Ark. App. 487 (2022).
How much child support will I owe/receive?
Child support is dependent on a lot of different factors. Fortunately, there are easy to use forms and calculators to help assist you will this. For each and every case involving child support, the parties will have to complete an Affidavit of Financial Means. You can get the form by clicking here.
After each party completes this affidavit, the numbers are then plugged into a calculator which you can access here. On the far right, you select what type of custody arrangement there is (joint or non-joint), at the top you select the number of children. After that you plug in the numbers. Each party is entitled to a deduction for the amount they spend each month on work-related childcare expenses, extraordinary medical expenses for the children, and health-insurance for the children.
Plug those numbers in and out pops the presumptive child support amount. You and your spouse can always agree to more or less child support, but if you can’t come to an agreement otherwise, this will be what the court orders.
