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Your divorce action must be filed in the Arkansas Circuit Court in the county where the party filing for divorce resides unless the party filing for divorce is not an Arkansas resident. In that case, the divorce should be filed in the county where the defendant (non-filing spouse) resides. You can locate Arkansas Circuit Courts by county at: https://www.arcourts.gov/courts/circuit-courts. In Arkansas, you must state the grounds on which you are filing for divorce. You can seek a no-fault divorce if you have been legally separated for 18 months. If not, you can file for divorce based on fault. The grounds for divorce in Arkansas are: Impotence Felony conviction Habitual drunkenness Cruel treatment Irreconcilable differences Adultery Incurable insanity for one year and living apart for one year Financial abandonment Your Complaint is the legal filing that begins your divorce. You should check with the court clerk for any specific requirements but generally your Complaint should include the following: The name of the court and the county where you are filing the Complaint. The name and address of the person filing the Complaint (the Plaintiff). The name and address of the non-filing spouse (the Defendant). The city and state where you were married and the date of the marriage. The grounds on which you are filing for divorce. Information about any minor children, including their names and birthdates. Information about your marital assets, debts, and any property. A statement regarding whether you are seeking spousal support (alimony). A statement regarding child custody. If applicable, you should include any Mediated Settlement Agreement. A statement that one or both of you have resided in the state for at least 60 days prior to filing. A statement regarding whether either spouse are currently on active duty in the military. You can use a basic divorce complaint form if your divorce is uncontested, you do not have minor children, you don't own expensive property, and you lived in Arkansas for the previous 60 days. You can also review the form for the basic layout of a divorce complaint. You can locate a divorce complaint form at: http://www.arlegalservices.org/divorcepacket. If you and your spouse already negotiated a property settlement, you should submit your signed agreement to the court, along with your divorce complaint. Since Arkansas is an equitable distribution state, if you have not reached an agreement, the court will review all of the documents and make a determinations as to a "fair" division of property, which may not mean equal division. Generally, if the parties cannot agree, the court will: Distribute half the marital property to each party unless that would not be an equitable/fair distribution. If the court does not divide the property equally, it will consider the following factors in dividing the property: the length of the marriage; age and health of the parties; occupation of he parties; ability to get a job; job skills; amount and sources of income; contribution of each party to the marital property, including the contribution of a homemaker. Arkansas courts prefer when spouses come up with their own custody arrangement. However, if the parties cannot agree, the court will determine what is in the best interest of the child. A court may consider the child's custody preference if they are old enough to make a well-reasoned decision, as well as the previous and future relationship the child had/will have with each parent. In determining child support, Arkansas requires that the parent who does not have primary custody pay a percentage of his or her income for support of the child. Spousal support is decided on a case-by-case basis and not all parties seek or are given this support. The parties can agree to long-term or short-term support. If the parties disagree, the court will make a determination as to whether one of the spouses should be awarded support. In deciding on spousal support, a judge will consider: Both spouse's current and anticipated income, as well as earning ability. Both spouse's resources, assets and debts. The standard of living they were accustomed to during the marriage. The length of the marriage. While there is no set calculation, Arkansas courts have ruled that 20% of the other spouse's take home pay is an acceptable temporary spousal support amount.
Select the proper court. Establish your grounds for divorce. Draft your Divorce Complaint. Divide your property. Establish child custody and support. Determine whether spousal support is warranted.