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Arkansas - Divorce Kits
The following information provided is a basic synopsis of
state laws and guidelines. Due to changing laws and statutes the
material may be outdated, so please seek additional resources or
consult an attorney if more specific information is desired.
Required Residency to File: 60 days
Where to File: The county in which the plaintiff resides.
Grounds for Absolute Divorce:
Adultery
Alcoholism
Felony Conviction or Imprisonment
Fraud, Force or Duress
Impotence
Insanity
Mental and or Physical Cruelty
Non-support
Grounds for "No-Fault" Divorce:
Living Separate and Apart
Time before ex-spouses may re-marry: Plaintiff ( none )
Defendant
( none )
Voluntary or required Mediation: ( no )
Voluntary or recommended Counseling: ( yes )
The Distribution of Property:
Arkansas is an "equitable distribution" state. The court has
full discretion to divide the real estate and other marital property
which
includes pension benefits. Separate property is typically retained by
the spouse who owns it, but if equitable distribution can not be
reached
it will become a consideration. The following factors are generally
considered:
age and health, length of marriage, vocational skills, occupations,
contributions
in acquisitions, employability of spouses, federal tax consequences of
property
distribution, and custody.
Spousal Support:
Support may be granted to either spouse to be paid in installments for
a
specific amount of time. The time is subject to change under
circumstances,
like re-marriage or death.
Child Custody:
The courts award what is in the best interest of the child. The
following
factors are generally considered: the situations of both parents and
child,
and the nature of the divorce.
Uniform Child Custody Act: 1979
Is Joint Custody awarded? NO
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? NO
Child Support:
Either parent may be ordered to provide support. The payments may paid
directly to an appointed court employee, or through the state
enforcement
agency. There are specific child support guidelines for the state
although
deviation from the guidelines is permitted under certain circumstances.
The following factors are generally considered: a child's need for
contact
with both parents, the joint responsibilities for the welfare of the
child,
the financial resources, cost of day care, and the standard of living
the
child would have otherwise enjoyed had not the divorce taken place.
To prepare your documents, you would simply edit the
information as it
applies to you.
| IN RE THE MARRIAGE OF: |
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Case No. ____________________ |
| JANE DOE, |
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| Petitioner, |
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PETITION FOR DISSOLUTION OF MARRIAGE |
| JOHN DOE, |
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| Respondent. |
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COMES NOW the Petitioner, JANE DOE, and respectfully petitions and
shows this Court as follows:
I. The vital statistics concerning
the parties are as follows:
A. PETITIONER:
- Age: 28
- Occupation: Clerk
- Petitioner now resides at 123 Main Street, Douglas,
Arkansas 54321, County of Pope. Petitioner has been a resident of the
State of Arkansas since April 8, 1968.
B. RESPONDENT:
- Age: 32
- Occupation: Vice President, 7-11 Convenience Stores
- Respondent now resides at 456 Corner Drive, Douglas,
Arkansas 54321, County of Pope. Respondent has been a resident of the
State of Arkansas since December 2, 1978.
II. The Social Security Numbers of
the parties are as follows:
Petitioner:
555-23-9178
Respondent: 875-12-3354.
III. { CHOOSE ONE OF
THE FOLLOWING }
A. At least one of the parties has
had actual residence in this state with a bona fide intention of making
this state his or her permanent home for at least one year prior to the
filing of this petition.
B. The Petitioner is serving in the
United States Armed Forces and has been continuously stationed at a
military base or installation in this state for one year.
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Your document kit will include:
- Instructions for completion of your documents
- Petition for Dissolution of Marriage
- Sample Marital Settlement Agreement
- Financial Affidavit of Petitioner
- Financial Affidavit of Respondent
- Answer and Waiver of Hearing
- Verification
- Affidavit of Non Military Service
- Affidavit of Corroborating Witness
- Decree of Divorce
- Sample Proposed Property Settlement
- Summons
- Notice of Hearing
- Affidavit of Service
- Affidavit of Diligent Search for Service by
Publication
If children are involved:
- Affidavit of Uniform Child Custody Jurisdiction Act
- Sample Parenting Plan
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authoritative and accurate information in regard to the subject matter
covered. However, neither this nor any other publication can take the
place of an attorney on important legal matters.
Information in this kit has been carefully compiled from
sources believed to be reliable, but the accuracy of the information is
not guaranteed, as laws and regulations may change or be subject to
differing interpretations.
This is a self-help legal product and is intended to be
used by the consumer for his or her own benefit. Use of this kit to
benefit a second party may be considered in many states as the
unauthorized practice of law.
As with any legal matter, you should consult with an
attorney if you are unsure about proceeding, your case is of a
complicated nature or to obtain legal advice.
It is understood that by using this kit, you are acting
as your own attorney. Accordingly, the publisher, author, distributor
and retailer shall have neither liability nor responsibility to any
party for any loss or damage caused or alleged to be caused by use of
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publisher, author, distributor and retailer are not engaged in offering
legal services. Should legal services or other assistance be required,
the services of a competent legal professional should be contacted in
your area.
In addition, some counties or states may require use of
additional documents not found in this kit. If this is the case,
please contact us
We will attempt to locate the additional forms for you
at no cost.
Purchase of this kit constitutes acceptance of these
terms.
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These documents are
available in the following formats:

Microsoft Word
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