How to File for a Divorce in Arkansas: Should It Be Done During the Holidays?

Filing for divorce is a major life decision that involves legal, financial, and emotional considerations. For those in Arkansas, understanding the specific steps in the divorce process – and whether the holiday season is the right time to proceed – is crucial. Timing can play an essential role in navigating the challenges of divorce while safeguarding your mental and financial well-being.

Understanding Divorce in Arkansas

Divorce laws in Arkansas require a clear understanding of eligibility, grounds, and procedures. The process can vary based on whether you file on no-fault or fault-based grounds.

No-Fault vs. Fault-Based Divorce

In Arkansas, you can file for divorce on no-fault or fault-based grounds:

• No-Fault Divorce: Requires the couple to have lived separately and apart without cohabitation for at least 18 continuous months.
• Fault-Based Divorce: Grounds include adultery, habitual drunkenness, cruel treatment, impotence, felony conviction, or abandonment for at least one year.

The choice between these depends on the circumstances of your marriage. For example, if you and your spouse agree to separate amicably, no-fault may be the simplest option. However, for cases involving serious issues like abuse, a fault-based filing may be necessary.

Residency Requirements

To file for divorce in Arkansas:

• Either spouse must have been a resident of the state for at least 60 days prior to filing.
• A final divorce decree will not be granted until at least three months of residency has been established.

Residency ensures the state has jurisdiction over the case.

Steps to File for Divorce in Arkansas

Filing for divorce in Arkansas follows a structured process that ensures legal requirements are met while allowing both parties an opportunity to present their case.

1. Prepare the Complaint for Divorce

The Complaint for Divorce is the first step. This document outlines:

• Your personal information and your spouse’s details.
• Grounds for divorce.
• Requests for property division, alimony, child custody, and support (if applicable).

An attorney can help draft this document to ensure it complies with Arkansas law.

2. File the Complaint with the Circuit Court

Submit the complaint to the Circuit Court Clerk in the county where you or your spouse resides. Filing fees in Arkansas typically range around $165 but may vary by county. If you cannot afford the fee, you can request a fee waiver by submitting proof of financial hardship.

3. Serve Divorce Papers to Your Spouse

Your spouse must be formally notified by serving them with divorce papers. This can be done through:

• Certified mail.
• A sheriff’s department.
• A private process server.

Proper service ensures the court has jurisdiction to proceed with the case.

4. Await Your Spouse’s Response

Your spouse has 30 days to respond to the divorce filing. They may:

• Agree to the terms, leading to an uncontested divorce.
• Contest the terms, requiring mediation or a court trial.

Failure to respond can result in a default judgment, where the court may grant your requests without their input.

5. Settlement or Trial

• If both parties agree on all terms, a settlement agreement can be submitted to the judge for approval.
• If disputes arise, the case proceeds to trial, where a judge resolves issues such as property division and child custody.

Considering Divorce During the Holiday Season

The holiday season often brings heightened emotions and financial pressures, making it a sensitive time to consider divorce. Whether you should file during this time depends on your unique circumstances.

Benefits of Filing During the Holidays

• Emotional Relief: If your marriage is highly stressful, initiating the divorce process during the holidays can provide a sense of closure and relief.
• Immediate Support: Family gatherings may offer emotional support, helping you cope with the changes.
• Preparation for the New Year: Starting the divorce process now may position you for a fresh start once the holiday season ends.

Drawbacks of Filing During the Holidays

• Emotional Impact on Children: The holiday season is often a cherished time for children. Filing for divorce during this period can create negative associations and disrupt family traditions.
• Limited Professional Availability: Attorneys and court personnel may have limited availability, potentially delaying proceedings.
• Financial Strain: Holiday expenses combined with legal fees can create financial challenges.

How to Decide if Filing During the Holidays Is Right for You

Assessing Your Situation

Consider the following factors before filing for divorce during the holidays:

• Marital Tension: If the relationship is highly contentious or unsafe, delaying may not be an option.
• Children’s Needs: Evaluate how the timing of the divorce will affect your children. Counseling or mediation can help ease the transition.
• Financial Readiness: Ensure you have the financial resources to manage both legal fees and holiday expenses.

Consult with an Experienced Attorney

Before making a decision, consult with a qualified Arkansas divorce attorney. They can provide insight into how the timing of your filing may affect your case and guide you through the legal process.

Key Considerations for Holiday Season Divorces

Parenting Time and Custody

If you have children, consider how the divorce will impact holiday custody arrangements. Courts prioritize the best interests of the child, and custody agreements often account for holiday visitation.

Temporary Orders

During the divorce process, you can request temporary orders to address issues like:

• Who stays in the marital home.
• Temporary child custody and support.
• Spousal support during proceedings.

Temporary orders can provide stability during the holiday season.

Contact The Digby Law Firm Today

Filing for divorce in Arkansas involves clear legal steps and personal considerations. Deciding whether to proceed during the holiday season requires weighing emotional, financial, and practical factors. For many, timing the divorce filing to align with their unique circumstances can make the process smoother.

At The Digby Law Firm, we understand the complexities of divorce proceedings. Located in Benton, Arkansas, we serve clients statewide, offering legal assistance in divorce, child custody, support matters, and more. Contact us at (501) 44-DIGBY or email Bobby@BobbyDigbyLaw.com to schedule a free consultation and receive personalized guidance on your case.