Arkansas State Divorce Residency Requirements
In order to file your Complaint for Divorce in Arkansas, you must make sure the Chancery Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Arkansas residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
A spouse must be a resident of the state of Arkansas for at least 60 days prior to filing for the divorce and the divorce will not be finalized until a 3 months waiting period has passed after the initial filing.
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. (Arkansas Code - Title 9 - Chapters: 12-301 and 12-303)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Arkansas. It is most common that people file for a divorce in the county in which they live. You can also read more about the Arkansas residency requirements in the Arkansas state statutes located at: https://codes.findlaw.com/ar/title-9-family-law/.
If you are unsure of whether or not you meet the Arkansas residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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