PROCEDURES FOR DIVORCE

Depending upon the situation of a person's case, additional steps may be necessary that are not included here.  The purpose of this section is to give a person a basic idea of the overall procedure and not necessarily every possible step that might be necessary.  Also, some steps differ slightly from one county to another.

Uncontested Divorce with a Property Settlement Agreement
1.  A property settlement agreement setting out the division of all property, child custody (if any), and child support (if any) is drafted and signed and notarized by both husband and wife.
2.  The defendant spouse signs a Waiver of Counsel and Waiver of Entry of Appearance.
3.  The defendant spouse signs a property settlement agreement.
4.  A complaint is drafted, and the complaint, property settlement agreement, waiver of counsel, and waiver of appearance are all filed at the courthouse.  The court clerk will charge a filing fee at this time for the opening of a new court file.  Currently, the filing fee is $100.00.
5.  According to Arkansas Law, a thirty (30) day time period must lapse between the filing of the complaint and the entry of a Decree of Divorce.
6.  After the thirty (30) day time period has lapsed, the plaintiff spouse will attend a court date as has been set by his or her attorney.
7.  Court is attended.  The plaintiff spouse must be there along with one witness (commonly referred to as a residency witness).  The witness must testify as to the plaintiff spouse's residency in Arkansas for 60 days prior to the filing of the divorce and 90 days prior to the filing of the decree.  The plaintiff spouse must testify briefly as to the facts of the case and grounds of the divorce.  Your attorney will make sure that all necessary testimony is elicited.
8.  Decree of Divorce is signed by the Judge and filed with the court clerk.
 
Uncontested Divorce with Service
1. A complaint is drafted and filed at the courthouse.  The court clerk will charge a filing fee at this time for the opening of a new court file.  Currently, the filing fee is $100.00.
2.  A summons is issued and served upon the defendant spouse.  If the location of the spouse is unknown, a warning order must be published.
3.  The defendant spouse has twenty (20) days [thirty days if spouse is out-of-state] to file an answer.  
4.  Defendant spouse fails to file an answer.
5.  According to Arkansas Law, a thirty (30) day time period must lapse between the filing of the complaint and the entry of a Decree of Divorce.
6.  After the thirty (30) day time period has lapsed, the plaintiff spouse will attend a court date as has been set by his or her attorney.
7.  Court is attended.  The plaintiff spouse must be there along with one witness (commonly referred to as a residency witness).  The witness must testify as to the plaintiff spouse's residency in Arkansas for 60 days prior to the filing of the divorce and 90 days prior to the filing of the decree.  The plaintiff spouse must testify briefly as to the facts of the case and grounds of the divorce.  Your attorney will make sure that all necessary testimony is elicited.
8.  Decree of Divorce is signed by the Judge and filed with the court clerk.
 
Contested Divorce
1. A complaint is drafted and filed at the courthouse.  The court clerk will charge a filing fee at this time for the opening of a new court file.  Currently, the filing fee is $100.00.
2.  A summons is issued and served upon the defendant spouse.  If the location of the spouse is unknown, a warning order must be published.
3.  The defendant spouse has twenty (20) days [thirty days if spouse is out-of-state] to file an answer. 
4.  Defendant spouse, or his/her attorney, files an answer within the time period.
5.  Negotiations are often entered into at this time to determine if an agreement can be arranged.  If an agreement can be arranged, then a property settlement agreement is drafted, signed and notarized by both spouses, and approved as to form by both attorneys.
6.  If negotiations fail or are not attempted, then the following steps in varying order, dependent upon the situation, are often pursued:
    a.  Temporary Hearing:  A temporary hearing can be noticed and held.  The purpose of a temporary hearing is to get the parties in front of a judge to decide certain issues which cannot or should not wait until the trial date.  The most common use of a temporary hearing is to determine child custody and child support.  A temporary hearing is usually very limited in the amount of time (usually 1 hour total).  The final decision on the issue decided at a temporary hearing will be at the final hearing.
    b.  Requests for Admissions
    c.  Interrogatories
    d.  Depositions
    e.  Requests for Production
    f.  Other Discovery Techniques
7.  A final hearing is scheduled.
8.  Court hearing.  The plaintiff spouse must be there along with one witness (commonly referred to as a residency witness).  The witness must testify as to the plaintiff spouse's residency in Arkansas for 60 days prior to the filing of the divorce and 90 days prior to the filing of the decree.  The plaintiff spouse must testify and prove the grounds of the divorce.  Testimony and evidence is presented by each party concerning the issues in dispute.
9.  Decree of Divorce.  The judge will make a ruling.  Sometimes the ruling will be made on the spot and other times the ruling will be by a written decision made sometime after the hearing.  The "winning" party usually drafts the Decree of Divorce which is approved by the other party as to form, mailed to Judge for signature, and filed for record.
 
Venue and Jurisdiction
Venue is the laws determining the proper place for a trial.
Jurisdiction is whether a specific court has authority to hear a particular case.

Venue is generally proper in the district where the defendant resides, where the action arose (i.e., the district which was the marital domicile in a divorce case), and where defendant is subject to personal jurisdiction.

There are some special issues concerning children.   A court does not have jurisdiction for child custody or support cases unless the child(ren) has resided for the past continuous six (6) months in that district.

 

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 12. DIVORCE AND ANNULMENT
SUBCHAPTER 3. ACTIONS FOR DIVORCE OR ALIMONY
 
 Arkansas Code Annotated Section 9-12-303: Venue -- Service of process.
  (a) The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case, the proceedings shall be in the county where the defendant resides, and, in any event, the process may be directed to any county in the state.
  (b) In actions initiated by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or the Department of Human Services, proceedings may also be commenced in the county where the defendant resides.
  (c) When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse.
 
Arkansas Code Annotated Section 9-12-307: Matters which must be proved.
  (a) To obtain a divorce, the plaintiff must prove, but need not allege, in addition to a legal cause of divorce:
      (1) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce.
           (A) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint.
           (B) Where personal service cannot be had upon the defendant or where the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months.
      (2) That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce.
      (3) That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.
  (b) The word "residence" as used in subsection (a) of this section is defined to mean actual presence and upon proof of such, the party alleging and offering the proof shall be considered domiciled in the state, and this is declared to be the legislative intent and public policy of the State of Arkansas.
 
Arkansas Code Annotated Section 9-12-310:  Waiting period before rendition of decree.
Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from bed and board shall be rendered in any action brought on any grounds except bigamy before the thirtieth day following the day upon which the action for divorce is commenced. This prohibition is not subject to waiver by either or both parties to the action for divorce; however, the parties may agree that the case may be submitted in vacation.
 
Arkansas Code Annotated Section 9-12-319: Nonresident defendants -- Warning orders -- Entry of decree.
In all divorce actions pending or filed in any of the chancery courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the clerk of the chancery court, and where the report or response of the attorney ad litem appointed for the nonresident has been filed with the clerk of the court, and no answer or other defense has been filed in the chancery court by the nonresident defendant, the judge of the chancery court upon submission of the cause to him in his chambers, or at any other place in his district by the attorney for the plaintiff, shall hear and enter a decree in the cause, which shall have the same binding force and effect, both in law and equity, as if entered in term time in the county where the decree is filed.
 
Arkansas Code Annotated Section 9-12-320: Proceedings subsequent to decree -- Change of venue.
  (a)(1) The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree.
      (2)(A) If more than six (6) months subsequent to the final decree, however, both of the parties to the divorce proceedings have established a residence in a county of another chancery district within the state, one (1) or both of the parties may petition the court which granted the final decree to request that the case be transferred to another county.
           (B) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.
           (C) In cases where children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent.
  (b) If the court which granted the final decree agrees to transfer the case to another chancery district, the court shall enter an order transferring the case and charging the chancery clerk of the court of original jurisdiction to transmit forthwith certified copies of all records pertaining to the case.
  (c) Subsequent to the transfer to a county in another chancery district, if the party residing in the county to which the case has been transferred removes from that county or from the State of Arkansas, the case shall be transferred back to the county of original jurisdiction or the county of residence of the party still residing in the State of Arkansas.
  (d) The provisions of this section shall not repeal any laws or parts of laws in effect on March 3, 1975, relating to venue for divorce actions, but shall be supplemental thereto.

Last Updated:  April 28, 2001