If you read my previous article on How To File For Divorce For Free In Arkansas, these are the documents you will need in addition to the documents in that article. These are the actual “divorce papers.” If you’re not trying to file for free, but are going to represent yourself in a non-contested divorce and you don’t have any property or minor children from your marriage, these are the documents you will need to prepare and file for divorce.
Your document has to be on 8 ½” x 11″ white paper. I prepared my document using a 1 ½” margin at the top of the first page and a 1″ margin on the right and left sides. It would be a good idea to call the circuit clerk in your county and ask them if there are any certain format requirements for documents that you file.
So that there isn’t any confusion, the parts you need to type in your document are in bold. I’ve put in parenthesis things that you need to replace with your own information. Don’t type the parenthesis in your document.
At the top in CAPS and centered, type IN THE CIRCUIT COURT OF THE COUNTY YOU LIVE IN, ARKANSAS. Substitute the name of the county you actually live in for THE COUNTY YOU LIVE IN. On the next line, type DOMESTIC RELATIONS DIVISION. Everything after this needs to be double-spaced. On the next line on the left-hand side type your name in CAPS. Set your tabs to 6.5″ aligned to the right. If the format for the side margins are different than mine, you’ll have to adjust your tabs accordingly. Tab once and type in PLAINTIFF. On the next line center and type VS.______________. The clerk will write the file number for your case in the blank. On the next line type in your spouse’s name in CAPS, tab once and then type in DEFENDANT. Underneath that you’ll need to center and type COMPLAINT FOR DIVORCE.
Go to the next line and clear your tabs. Tab once and type:
Comes the Plaintiff, (your name), pro se, for his/her Complaint for Divorce filed herein against the Defendant, (your spouse’s name), respectfully states and alleges:
For these next paragraphs tab once, type the number followed by a period, tab again and then start your paragraph.
1. The Plaintiff is a resident of (the County you live in), Arkansas and has been for more than sixty (60) days; Defendant is a resident of (the County your spouse lives in, the state your spouse lives in).
2. The parties were lawfully married on (your marriage date) in (County, State); the parties separated (date you separated) and the parties have remained separate and apart since that time.
3. There are no minor children of the marriage and none are expected.
4. There are no marital property rights or obligations to be adjudicated.
5. During the term of the marriage, the Defendant treated the Plaintiff with such indignities as to render the Plaintiff’s condition of life intolerable and to entitle him/her to an absolute divorce.
Tab once and type this paragraph:
WHEREFORE, Plaintiff prays for an absolute divorce, and for all other relief to which he/she is entitled.
For this next line you’ll want to tab over 6 or 7 times, assuming that your default tab is set at .5″ and type:
Respectfully submitted,
This next part is single-spaced. Enter a few blank lines giving yourself room to sign. Tab over 6 or 7 times so that your next line will line up to the left with the line above and type the following:
_________________________
Your Name, PLAINTIFF, pro se
Your Street Address
Your City, Arkansas Zip
Your Phone Number
Enter a few blank lines. Now you’ll center and type in VERIFICATION.
This paragraph will be double-spaced. Tab once and type the following:
I, (your name), Plaintiff, state that the statements contained in the foregoing Complaint are true and correct to my knowledge and belief.
Tab over 6 or 7 times and type the following:
___________________________
Plaintiff
This next part is the acknowledgement you’ll type for the notary to sign. The parenthesis in bold need to line up with each other. You’ll need to tab after you type in Arkansas and the name of the County. For the middle one, just tab over until it lines up. I’ve included an example of how this part should look.
STATE OF ARKANSAS )
) ss.
COUNTY OF (the county where you will have your document notarized))
This paragraph can be single-spaced. Tab once and type the following:
On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid personally appeared (your name), known to me or satisfactorily proven whose name appears as PLAINTIFF in the foregoing instrument, and stated that the statements in the foregoing Complaint were true and correct to the best of his/her knowledge and belief.
On the next line, tab once and type the following:
SUBSCRIBED AND SWORN TO before me this _____ day of ____________, 20___.
Enter a few blank lines giving the Notary room to sign. Tab over 6 or 7 times like you did above and type the following:
_________________________________
Notary
On the next line, type the following aligned to the left:
My Commission Expires
_________________________________
(SEAL)
Once you’ve printed out your document, do not sign it until you are in front of a Notary. In my county, the clerk at the courthouse was a Notary and didn’t charge me to notarize my documents. You’ll need at least 3 copies of your document and about $140.00 to file them. If you cannot afford the filing fee, there is a way to file for divorce for free. See my article about How To File For Divorce For Free In Arkansas. This will also cover the fee for having your papers served on your spouse by the County Sheriff. The clerk will give you a standing restraining order and a summons.
You’ll have to serve your spouse with a file-stamped copy of your Complaint For Divorce, Standing Restraining Order and Summons. The cheapest and easiest way to do this is by sending it certified, return-receipt requested mail that can be signed by the addressee only. This will cost around $7.00. If you’ve been granted Leave To File Forma Paupris, then you can give these papers to the sheriff’s office to have them serve the papers for you without cost, otherwise this will run about $30.00 to $50.00.
If you serve your spouse by certified mail, then you’ll need to prepare an Affidavit Of Service By Mail. To do this, start the top of your document just like you did above. Your paragraphs will need to be double-spaced. Where it says Complaint For Divorce, substitute it with AFFIDAVIT OF SERVICE BY MAIL.
Underneath that you’ll tab once and type:
The undersigned, having been duly sworn, states upon oath and affirmation as follows:
Tab once, type the number followed by a period, tab again for each paragraph below:
1. That I am the Plaintiff in the above captioned case.
2. That on (the date you mailed it), I caused a certified letter, restricted delivery to addressee only, to be mailed to the Defendant, (your spouse’s name), at his last known address along with a copy of the Summons and Complaint.
3. That on (the date your spouse signed the return-receipt), the letter was claimed as evidenced by the return receipt signed by the Defendant attached hereto as Exhibit “A.”
On the next line, tab once and type the following:
IN WITNESS WHEREOF, I have set my hand this ________ day of _________, 20__.
Enter a few blank lines leaving yourself room to sign. Tab over 6 or 7 times and type the following:
________________________________
Plaintiff
Next you’ll type the acknowledgment for the Notary to sign. To do this type and center ACKNOWLEDGMENT.
The following can be single-spaced. Tab over once and type the following:
On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid, personally appeared (your name), known to me or satisfactorily proven, whose name appears as PLAINTIFF in the foregoing instrument, and stated that he/she had executed the same for the uses and purposes therein stated.
On the next line, tab once and type:
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _______ day of __________, 20___.
Enter a few blank lines giving the Notary room to sign. Tab over 6 or 7 times and type the following:
__________________________
Notary
On the next line, aligned to the left type:
My commission expires:
__________________________
(SEAL)
Now you’ll need to prepare your Divorce Decree that the judge will sign after he/she grants your divorce. Follow the same steps above for the top of your document. Where it says Complaint For Divorce, substitute Decree Of Divorce.
On the next line, tab once and type the following:
ON THIS DATE, the plaintiff, (your name), appears Pro Se, the defendant, (your spouse’s name), having been properly served, appears not. (If your spouse does appear, you’ll need to change this to say that you both appeared.) This matter having been submitted to the Court upon the Complaint for Divorce, and from the testimony of the plaintiff and his/her witness, (your witness’ name. If you need to, you can write this in after the hearing), and other evidence before the Court, the Court DOTH FIND AND ORDER:
Tab once, type the number followed by a period, tab again and type the following paragraphs:
1. That this Court has jurisdiction of the parties and subject matter of this cause of action.
2. That the plaintiff, (your name), has substantiated the allegations of his/her Complaint by a preponderance of the evidence and that the plaintiff is entitled to an absolute divorce from the defendant, (your spouse’s name).
3. That there were no children born during this marriage and none are expected.
4. That the each party shall have full ownership, use, control and financial responsibility for all personal property presently in their individual possession free and clear of any claims of the other party. Each party shall execute and deliver to the other any document of title necessary to insure the quiet enjoyment of said property by the other.
5. That the each party shall take financial responsibility, and hold the other party harmless, for debts in his/her name, for payment of debts which he/she incurred after the separation on (the date you separated) and for those debts owed on any property which he/she retains.
6. That both parties shall execute all necessary documents and conveyances for the purpose of implementing this Decree when and as called upon to do so by the other.
On the next line, tab once and type the following:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that plaintiff, (your name), be granted an absolute divorce from defendant, (your spouse’s name); that the parties be restored to all rights and privileges of a single and unmarried person; and the Court retains jurisdiction of this cause of action for the purpose of enforcing the rights and obligations of the parties under this Decree and for other proper purposes.
Enter a few blank lines leaving the judge room to sign. Tab over 6 or 7 times and type the following:
_____________________________________
CIRCUIT JUDGE
DATE: ________________________________
You’ll need about 3 copies for the judge to sign. After the judge signs, you’ll file a copy with the court clerk, keep a copy for yourself and give your now ex-spouse a copy.
