Do-It-Yourself Divorce

Filing for a divorce in Arkansas can be a complicated process, especially if you are filing without the assistance of an attorney. Representing yourself in court is known as "pro se," and it is important to be aware of the state's requirements before you begin. However, there is a great guide online to help you accomplish this if:

  • You and your spouse do not have minor children.

  • You and your spouse do not own expensive property.

  • You have lived in Arkansas for the past 60 days.

  • Your spouse is not in the military and therefore protected by the Servicemembers Civil Relief Act of 2003

 

 Grounds for Divorce

In Arkansas, a petitioner can cite general indignities as the reason to get divorced. You must provide evidence to prove fault-based grounds for divorce. This can be accomplished easily by having someone that knows about the circumstances be a witness at the divorce hearing. To learn more about this, visit www.arkansaslegal.org/blog-all/grounds-for-divorce

Residency Requirements

To file for divorce in Arkansas, you or your spouse must be a resident of the state for at least 60 days before filing. If you are filing based on fault-based grounds, the residency requirement is extended to six months. The divorce must be filed in the county where you or your spouse has been a resident for at least 60 days.

 

Completing Forms

To begin the divorce process, you must complete several forms. These forms can be found on our statewide website (www.ArLawHelp.org).

  1. Complaint for Divorce: This form provides the court with the basic information about you and your spouse, including names, addresses, and grounds for divorce. You must sign and date the complaint.

  2. Summons: This form is served on your spouse and notifies them that you have filed for divorce. The summons also informs them of their rights and responsibilities during the divorce process.

  3. Domestic Relations Cover Sheet: This form is specific to divorce cases and provides the court with information about child custody, support, and visitation. This form you need to get from the Circuit Clerk in your County.

After completing the required forms, you must file them with the court clerk's office in the county where you or your spouse resides. You must also pay a filing fee at this time, which varies by county. If you cannot afford the fee, you can request a fee waiver.

 

Serving Papers

Once you have filed the forms, you must serve them on your spouse. You can serve the papers by mail or by having a process server or sheriff's deputy deliver them in person. You must provide proof of service to the court, such as a signed affidavit from the person who served the papers. The website above will also generate a Waiver of Notice form, provided that your spouse is willing to sign it.

If you and your spouse agree on all the terms of the divorce, you can file a consent decree. This document outlines the terms of the divorce, such as property division, child custody, and support, and is signed by both parties and the judge. 

If you would like a video explanation of the divorce process, visit www.bit.ly/SimpleDivorces2022

 
 

AUTHOR: TONY WALKER, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES

 
Amber Quaid