An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.
Arkansas Petition to Annul Marriage with No Children or Property
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How to fill out Petition To Annul Marriage With No Children Or Property?
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Uncontested divorces Legally, a divorce is takes at least one month. The law requires that 30 days pass between the day of filing and the entry of the divorce decree. If everyone is agreeable, then a divorce can be completed, realistically, within about 45-60 days. Thirty days may be possible, but it's doubtful.
Before you can file for divorce, the following must be true: you have lived in Arkansas for 60 days; you have attended marital counseling; you have grounds for divorce (see below);
However, as long as you can prove fault or prove that you and your spouse have been living separate and apart for at least 18 months, then the court will grant your divorce. You will have to be prepared to put on proof of fault or 18 months of separation. You can do this through witnesses or documentary evidence.
Ing to Arkansas statute, a married couple may seek an annulment if they lacked consent, were unable to consummate the marriage, if fraud was involved, if the parties were underage at the time of the marriage, or where incest is involved.
Abandoning spouse presumed dead. In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed.
Arkansas recognizes both fault and no-fault grounds for divorce. No-fault divorce requires the parties to show that they have lived separately and apart from each other for at least 18 consecutive months and that there is no reasonable expectation of reconciliation. This is known as a ?separation divorce.?
In most counties to file a Complaint for Divorce ? which is your document telling the court why you are wanting a divorce and what else you want the court to order you (i.e. custody, support) ? the filing fee is $165.
To file for a divorce in Arkansas you must have lived in Arkansas for 60 days before filing and have grounds for divorce. The the most commonly used grounds for divorce are "general indignities" and "separation for 18 months." The grounds must have happened within the last five years.