Fillable Form Arkansas No-Fault Divorce (Minor Children)

What is the Arkansas No-Fault Divorce (Minor Children) Form?

An Arkansas or AR No-Fault Divorce (Minor Children) Form is a legal document used by married couples in Arkansas who wish to dissolve their marriage without assigning blame to either party and who have minor children together.

In the context of an uncontested divorce in Arkansas with a minor child, this form helps streamline the legal process, making it less contentious and more straightforward.

Arkansas uncontested divorce forms can be granted on the grounds of irreconcilable differences, indicating that the marriage has broken down beyond repair. For couples with minor children, the process involves additional considerations to ensure that the best interests of the children are prioritized.

To facilitate the process, an Arkansas Divorce with Minor Child (PDF) version of the form is often available online, providing easy access for couples looking to complete the paperwork without needing to visit a courthouse. The PDF format allows for convenient completion and submission, making the divorce process more accessible and less burdensome.

How do I fill out the Arkansas No-Fault Divorce (Minor Children) Form?

A fillable Arkansas Divorce Papers PDF template can be found here. Make sure that all information included here is accurate, and that it is submitted alongside all other required forms, such as a domestic relations cover sheet, and forms regarding the allocation of personal property and legal obligation after the divorce process is finished. Make sure as well that a copy of this form is sent to all parties involved through certified mail.

Court

Enter the court of Arkansas that this form is being filed in.

Petitioner

Enter the name of the petitioner.

Docket Number

Enter the docket number assigned to this case.

Respondents

Enter the name of the respondent.

Petitioner’s Name

Enter the name of the petitioner.

Petitioner’s Residence

Enter the residential address of the petitioner, as well as the number of years they have been a resident of the state of Arkansas.

Respondent’s Residence

Enter the residential address of the respondent, as well as the number of years that they have been a resident of the state of Arkansas.

Marriage

Enter the following details about the petitioner and respondent’s marriage:

• Date
• City
• County
• State

Children

Enter the name and date of birth of each child that was born or adopted into the petitioner and the respondent’s marriage.

Jurisdiction

This section states that this court is of the proper jurisdiction to hear this case, and is the only jurisdiction at present that this case is being handled at.

Grounds for No-Fault

Enter the grounds for which the petitioner is requesting a dissolution of their marriage.

Marital Settlement Agreement

Mark the line that applies as to whether or not the respondents have entered into a marital agreement that formalizes the allocation of their property and finances and matters relating to child custody and visitation.

Verification

Have the petitioner enter the following in the spaces provided:

• Name and Signature
• Date signed
• Address

Then have the notary enter the date that this form was sworn before them and their name in the spaces provided.

Affidavit of Consent

Circuit Court

Enter the county of the circuit court this affidavit is being filed in.

Petitioner

Enter the name of the petitioner.

Docket Number

Enter the docket number assigned to this case.

Respondents

Enter the name of the respondent.

Sections and Terms

For each of the below, enter the asked-for information or read through the section carefully and ensure that it applies.

1. Date that the divorce complaint was filed
2. The marriage between the petitioner and the respondent is irretrievably broken and efforts at reconciliation have all failed.
3. Respondent’s name, certifying that they have received a copy of this form and will not be contesting this proceeding.
4. All rights to a motion for a new trial are waived, as well as any motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, notice of entry of a decree of divorce, and one’s right to appeal. Future rights that any party may have to the modification of any judgment or decree in relation to this cause will not be waived.
5. All statements in this affidavit are accurate to the best of your knowledge.

Verification

Have the petitioner enter the following in the spaces provided:

• Name and Signature
• Date signed
• Address

Then have the notary enter the date that this form was sworn before them and their name in the spaces provided.

Frequently Asked Questions (FAQs)

How does no-fault divorce differ from fault-based divorce?

No-fault divorce allows couples to dissolve their marriage without assigning blame, citing irreconcilable differences. Fault-based divorce requires one party to prove the other's misconduct, such as adultery or abuse.

What is an uncontested divorce?

An uncontested divorce occurs when both spouses agree on all terms of the divorce, including property division, child custody, and support. This type of divorce is usually faster and less expensive than contested divorces.

How is property typically divided in a divorce?

Property division depends on whether the state follows community property or equitable distribution rules. Community property states divide marital assets equally, while equitable distribution states divide assets fairly based on various factors.

What is the difference between legal separation and divorce?

Legal separation allows spouses to live apart and resolve issues like child custody and support without officially ending the marriage, and is often. Divorce legally terminates the marriage, allowing both parties to remarry, with their other spouse being recognized as their legal partner. Without a proper divorce case, even if both parties have lived separate from each other for a long time, remarriage cannot be done.

How is child custody determined in a divorce?

Child custody is determined based on the best interests of the child, considering factors like each parent's living situation, relationship with the child, and ability to provide for the child's needs. Courts may award joint or sole custody.

What is a parenting plan?

A parenting plan is a document that outlines how divorced or separated parents will raise their child. It includes details on custody arrangements, visitation schedules, and decision-making responsibilities.

How does child support work in a divorce?

Child support is financial assistance paid by the non-custodial parent to the custodial parent to help cover the child's expenses. The amount is typically determined by state guidelines and based on the parents' incomes and the child's needs.

What happens if a parent fails to pay court-ordered child support?

Failing to pay child support can result in legal consequences such as wage garnishment, property liens, or even jail time. The custodial parent can also seek enforcement through the court system, or enlist legal aid through lawyers and attorneys to remind the other parent of the terms outlined in the divorce packet and the consequences for non-compliance.

What is alimony, and how is it determined?

Alimony, or spousal support, is financial assistance paid by one spouse to the other after a divorce to help maintain their standard of living. The amount and duration depend on factors like the length of the marriage, each spouse's financial situation, and their contributions during the marriage.

Can a prenuptial agreement affect the outcome of a divorce?

Yes, a prenuptial agreement can outline how assets and debts will be divided in the event of a divorce. Courts generally uphold these agreements if they were entered into voluntarily and are fair.

What is mediation in the context of divorce?

Mediation is a process where a neutral third party helps divorcing couples negotiate and reach agreements on various issues. It can be a less adversarial and more cost-effective way to resolve disputes than going to court.

What is collaborative divorce?

Collaborative divorce is a process where both parties and their attorneys commit to resolving divorce issues outside of court. It involves cooperative negotiation and often includes other professionals like financial advisors or therapists.

How does a court determine the best interests of a child in custody cases?

Courts consider factors such as the child's age, health, emotional ties to each parent, each parent's ability to care for the child, and the child's established living pattern. The goal is to ensure the child's well-being and stability.

What is a divorce decree?

A divorce decree is a court order that finalizes the divorce and outlines the terms agreed upon or decided by the court, such as property division, custody arrangements, and support obligations. It legally ends the marriage.

Can a divorce decree be modified after it is issued?

Yes, a divorce decree can be modified if there are significant changes in circumstances, such as a change in income, relocation, or changes in the child's needs. Modifications require court approval.