Divorce Online

Check out your eligibility. First, make sure you meet the residence requirements. To file for an uncontested divorce in Jefferson County, either the plaintiff (the spouse filing the divorce papers) or their spouse must have lived in the state for at least 60 days (A.C.A. § 9-12-307 (a)(1)(A)).
Also, make sure you have evidence of your separation for over 18 months. To prove that the couple has lived separate and apart, the plaintiff can either bring a third party to testify or file an affidavit written by a third party who can testify to the fact of separation (A.C.A. § 9-12-301 (b)(5)).

Clarify where to file and obtain the forms. If you are the plaintiff and you have lived in the state for at least 60 days, you must file the paperwork in the circuit courthouse of the county where you reside. If it is your spouse who meets residency requirements, then you must file for divorce in the county where he or she resides.
Go to the court clerk’s office to get the forms or download the forms online. Make sure you get the correct packet of forms suitable for your circumstances. Depending on your situation, it can include forms with children or without children, with expensive property or with marital assets less than a certain amount, etc.

Fill out the court forms. You must correctly complete a “Complaint for Divorce” and all the other required forms, following the instructions. Typically, self-help resources offer online divorce packets suitable for simple divorce cases, in which a couple has no minor children and does not own much property.
Couples who do not want the hassle of completing their own paperwork and are looking for a cheap option for paperwork preparation assistance can use OnlineDivorce.com and get all the necessary paperwork completed in just a couple of days at a very affordable price.
Make 2-3 copies of the documents and keep one for yourself. You will serve another copy to your spouse after you file the paperwork with the court’s clerk.

File the forms with the court. The court will charge a fee when you file your documents. You can clarify beforehand how much it will cost you. The court’s clerk will stamp the documents and issue restraining orders. Restraining orders are required for all divorce cases to make sure that neither spouse does anything with the children, money, or property without prior notification of the other spouse.
If you cannot afford the filing fee, you can apply for a fee waiver. After providing some basic information about you and your financial circumstances, you submit the request to a judge. If the judge authorizes the fee waiver, you will not have to pay the filing fee until your divorce is finalized.

Serve your spouse. According to A.C.A. § 16-58-116., the act of serving must be acknowledged by the defendant and by a witness who both sign proof of service.
If a couple is having an uncontested divorce and the defendant (the other spouse who has to respond to the divorce papers) agrees to accept the divorce paperwork, he or she does not necessarily need to be “served.” The defendant can sign an “Entry of Appearance” and a “Waiver of Service of Summons.”
In the case that the defendant is unaware of the divorce proceeding being on the way or is unwilling to accept service, ‘serving’ should be done by a third party. It can be a professional service server or a sheriff.
In case of a missing spouse, the question of how to serve can be challenging. When all the other methods fail, service by publication is available upon request. If the defendant fails to respond to any kind of service, the plaintiff can seek a default judgment. In such a case, it still remains an uncontested divorce.

Attend a divorce hearing. Under A.C.A. § 9-12-307 (1)(B), the court can schedule a hearing not earlier than 30 days after the complaint for divorce is filed. In the meantime, either the plaintiff has to serve the defendant or the defendant has to file the entry of appearance and waiver of service.
In Jefferson County, the divorce procedure requires a hearing with witness testimonies. The court needs proof of the couple’s eligibility and separation to finalize a divorce. Notarized written statements are also accepted.
Also, note that the state of Arkansas has different residency requirements for the time of filing and the time of divorce finalization. Before the judge signs a final divorce decree, either the plaintiff or defendant must have lived in the state for three months.
The divorce proceedings will not last long if the plaintiff presents a settlement agreement to the court detailing the spouses’ arrangements regarding custody, support, and division of marital property.
As soon as all the documents are in order and all the divorce-relevant issues are sorted out, the judge signs a divorce decree, and the divorce is finalized.