Arkansas Marital Settlement (Divorce) Agreement Form [PDF]

The Arkansas marital settlement agreement form is a legal document that outlines the terms and obligations of spouses in the divorce process. It regulates matters like child custody, division of marital property, and alimony.

Spouses can negotiate the terms of divorce using the marital settlement agreement template to minimize disagreements and ensure a smoother transition.

However, if spouses cannot agree on all crucial issues, they enter into a contested divorce. In such cases, spouses typically involve a third party—usually the court—to resolve their disagreements and reach a final settlement.

Divorce Forms

Divorce forms should be filed with the Circuit Court in the county where the spouses live. The filing fee ranges from one county to the next—it is from $150 to $250—and there is a 30-day waiting period.

Divorce Laws and Legal Requirements in Arkansas

The divorce laws and legal requirements in Arkansas offer insight into divorce procedures for couples considering divorce or filing for one already.

How to File For a Divorce in Arkansas in 8 Steps 

Filing for divorce in Arkansas involves specific steps that should be followed in order to ensure a smooth and legally sound process. It can be easier to handle potential complications if you are aware of matters like property distribution and alimony.

#1. Petition for Divorce

A petition for divorce is a legal document that married couples use when they want to initiate a divorce process. It outlines the grounds for divorce, such as irreconcilable differences or fault-based reasons.

Petition forms are available in circuit court in the county where spouses live or can be found online on legal platforms. There are two types of such forms—one for married couples with children and the other for couples without children.

The petitioner must fill out the form, which includes personal information about both spouses, children (if necessary), and marriage.

#2. File Petition with the Court

To file a petition with the court, a petition for divorce form should be filled out and notarized. Additional documents, like a parenting plan, a domestic relations cover sheet, or a confidential information sheet, may be required depending on different county requirements.

Additionally, the petitioner should file three more copies of the original petition and pay a filing fee. If the petitioner cannot pay the filing fee, then the court clerk will provide information on how to file for an exemption. After filing the petition, the court clerk will issue a summons.

#3. Notify Other Spouse

Once the divorce paperwork has been filed, the other spouse must be served with a summons. This can be done in one of the following ways:

• Via certified mail with the request for a return receipt

• By first-class mail with a form for notice and acknowledgment of service 

• By mail

• Through the sheriff's office

However, if the defendant cannot be found, a notice should be provided to the local newspapers with the court’s approval, or a petitioner can file a petition to continue with default divorce.

#4. Defendant’s Answer

After the defendant has been served, they should provide an answer to the court. The summons should also include instructions for filing an answer. If the defendant does not file a divorce complaint, then spouses can move forward and start the uncontested divorce process.

In cases of uncontested divorce, the court will assume that all matters important to the divorce process are agreed upon by both spouses. It would be practical for spouses to have the divorce settlement agreement drafted to simplify the process.

#5. Schedule a Hearing

To schedule a hearing in Arkansas, the petitioner must submit a notice of hearing to the court asking for a hearing date. The purpose of the hearing, preferred dates, and supporting paperwork should be included in this notice. 

After filing, the court will review the request and set a hearing date. A copy of the notice should be sent to the defendant to inform him of a hearing date. Procedures may vary depending on the regulations of individual courts in Arkansas.

#6. Prepare for Divorce Hearing

Preparing for a divorce hearing involves a couple of steps that ensure the process goes as smoothly as possible:

1. All relevant documents, such as bank records, divorce settlement agreements, or communication logs, should be gathered. Documents should be prepared and organized to support arguments in the hearing process.

2. Consulting a divorce lawyer is advised—if circumstances allow—to prepare a strategy or discuss any issues that may arise.

3. Both parties should also make sure that witnesses are available for a hearing.

#7. Attend Hearing

Attending a hearing is the most essential part of the legal process, especially in divorce cases. At the hearing, both parties will present evidence supporting the divorce petition and the divorce settlement agreement to the court. Spouses should also provide a decree of divorce.

After the judge ensures everything is in order, they will sign the decree and give it to the petitioner. A decree of divorce and two more copies should be filed with the court in order to finalize the marriage.

#8. Change Your Name

To change the name after divorce, a relevant party should include a request in the filing process, and when granted, it will be part of the divorce decree. With a copy of the divorce decree as legal proof, a party can change their name legally.

Once the name is legally changed, the spouse needs to have all their personal documents, such as their driver’s license, passport, and identity card, updated. Also, information on bills and contracts should be changed, and employers must be informed about the name change, too.