Reaching divorce in Arkansas will be easier if you get ready for the process thoroughly. Study the local law. Review the procedures you are to take part in. And make the appropriate arrangements for your marriage termination to go smooth and for you to reach the desired outcomes. Use the subsequent end-of-marriage checklist not to miss anything important.
Qualify for Divorce in Arkansas
Before you head for Arkansas uncontested divorce forms at sites like printabledivorce.com to finalize your marriage as soon as possible, you ought to check out whether you can request a divorce at all.
To be enabled finalize marriage in Arkansas, you need to meet the following requirements:
- you and/or your spouse must reside in AK for a minimum of 60 days before you file for your marriage termination;
- you and/or your spouse must reside in AK for a minimum of 3 months before you retrieve the final divorce decree;
- you cannot get your divorce decree earlier than 30 days after filing for it.
If you please the local law and are qualified to pass the Arkansas procedure, go on to get your partnership to the end with no hassle.
Decide on Fault vs. No-Fault Divorce
Arkansas enables you to get both fault-based and no-fault divorce. Still, you are strongly recommended to opt for the latter option defining your marriage as irretrievably broken to finalize it quickly. Mind that you can only go after a no-fault divorce after you live officially separately for a minimum of 18 months.
In other cases, you can apply for a fault-based marriage termination. Any of the legal faults that make one of the partners responsible for the breakup should happen 5 years before the divorce filing and include at least one of the listed below:
- felony conviction;
- serious problems with alcohol consumption;
- cruel treatment;
- incurable mental illness;
- lack of support to a dependent spouse.
Yet, if you opt for filing for a fault-based marriage termination, be ready to gather substantial evidence to prove your spouse’s responsibility for a failed marriage. Only this way will you manage to get some benefits in return.
Determine Whether Uncontested Divorce Suits You
Based on whether you choose uncontested divorce or decide to argue with your partner in court, your preparation for divorce checklist will look a little different. So, you should primarily decide whether amicable marriage termination suits you.
A non-contested divorce is an advised option if you have neither minor children nor expensive assets and are ready to cooperate with your former beloved to reach mutually beneficial outcomes. Plus, mind that if either of you is military, the procedure will differ, and you won’t get a divorce in a simple way.
If you cannot cut a deal on the main marriage termination points, then you can collaborate with relevant professionals to help you out or move the procedure to the court for a judge to decide for you.
Predict Your Assets Division
Another preparation step for you to take is to predict how your assets can be divided as a result of your divorce. Arkansas is a community property state meaning your assets will be divided 50/50. Mind that only the property which is considered marital can be distributed between soon-to-be exes.
Still, there are cases when partners are to expect a more equitable distribution. This may include the following situations:
- in case of adultery when marital funds are spent;
- when prenuptial or postnuptial agreement stipulates a certain property division;
- if the property is defined as premarital or inherited, it belongs to one spouse only, and so on.
If you want a more exact prediction of what your property division will look like, you can cooperate with an attorney, professional evaluator, or financial advisor to get ready for any financial changes ahead.
Check Out Whether to Request Alimony
When planning for a divorce checklist and expecting you may face financial hardships as a result of the official breakup, you can request alimony. Alimony, or spousal support, may be assigned to you, considering your marriage and divorce peculiarities. You can get temporary, or permanent alimony ordered. But your soon-to-be-ex has the right to pass a petition to review the alimony request or order anytime they find it necessary.
What if I Want Child Support?
- You can ask for alimony as part of the divorce proceedings.
- If you and your spouse have reached an agreement on support, you can ask the judge to make the agreement part of the court order.
- If you cannot reach an agreement, the judge will decide if you are eligible for child support.
What if I don’t ask for alimony in a divorce and then decide I need it?
You must ask for alimony during the divorce proceedings. You will not be able to request it after the completion of the divorce proceedings.
Make Other Significant Arrangements
To make your marriage termination less turbulent and shocking for your family, you can also include some of the following arrangements on your checklist:
- decide where to live during and after divorce;
- create a divorce and post-divorce budget to suit your needs;
- gather a trustworthy support team to back you up during and after the process;
- collect necessary data and documents on your own to save time and money;
- guarantee the top comfortable and safe conditions for your kids during and after divorce so that they are less harmed due to changes in your family.
These and similar preparations will help you to make your end-of-marriage process easier physically and emotionally so that you can reach happiness in the aftermath without any complications.
Ask for Professional Help
Professional assistance is another strongly recommended point to be added to your divorce decision checklist. It is not only about attorneys, mediators, and financial advisors, but consider cooperating with family counselors and therapists to care about your family and personal wellness.
By the way, if you are planning an uncontested or DIY divorce in Arkansas, you can also get free legal aid and download forms and guides on Arkansas Legal Services Partnership online platforms.
Stay organized, prepare well, and you will terminate your marriage in Arkansas successfully and beneficially.