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Confidential Information Sheet if you have children together
Complaint for Divorce
These costs DO NOT INCLUDE Law to Go's charges to draft your paperwork. It costs $165.00 to file a lawsuit in Arkansas. Some counties charge extra fees, so be sure to call first to ask how much the "filing fee" is. There is also a fee for the summons, which is required for every lawsuit. The fee is $2.50. Finally, if you want to have your spouse served by the sheriff or process server, that usually costs between $50 and 85 dollars. So total, you're looking at about $217.50 to file the divorce if the process server is $50.
When you file your divorce, the clerk will give you the complaint and summons, which you will have to serve on your spouse. THIS IS MANDATORY. You have 120 days to serve your spouse, otherwise, the case will be dismissed. Most county sheriffs will charge about $50 to serve the complaint and summons. You will have to tell them how to find your spouse (work, home, etc.) and provide a description of your spouse, what kind of car they drive, and any other identifying information you can give them.
Your spouse has 30 days to file an answer to the complaint. If he or she is in jail or prison, they get 60 days to answer. If they sign a waiver, then the divorce can proceed without them. They must sign the waiver in front of a notary public.
If you have children, the judge will decide who gets custody, what the visitation schedule will be, and if there will be child support. If you have an agreement with your spouse, you will include it in the complaint and in the order you'll give to the judge. If you do NOT have an agreement, you can ask for what you want, and the judge will want testimony about the situation so that he or she can decide what is best for the children.
Did you buy a house during the marriage? What about cars? Is there furniture, tools, or other personal property that needs to be split up? You can decide who gets what, or you can ask the judge to split it up for you. Most judges will try to make it as even as possible, but every case is different. You can reach an agreement with your spouse about property, which also has to be included in the complaint and order.
You can schedule the final hearing by calling the judge's office and telling them your case number. They'll want to know if it's contested or uncontested, and probably if children are involved. It usually takes a couple of months to get a hearing, because the courts stay busy. A final divorce hearing cannot be scheduled until at least 30 days have passed since you filed the complaint.
You need to bring a witness with you to the hearing. They will have to tell the court how long they've known you and whether you have lived in Arkansas for at least 90 days. They will also have to be able to testify under oath that they are familiar with the reason you want a divorce.
With our services, Law to Go provides a script you can use for court, so that you and your witness can testify about everything that is required to get a divorce. In Arkansas, you must follow the divorce statutes, otherwise, a judge doesn't have the power to grant your divorce.
If the judge grants your divorce, he or she will sign the order you provide (included in our packages), which will make your divorce final. Unless the judge tells you to do something else, you will take the signed order/decree to the clerk's office to be filed. That's it. You're divorced.