Seagrave Law Firm, PLC Jonesboro, AR

UNCONTESTED DIVORCE - $400.00 plus costs.

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1.  What does "uncontested" mean?

Generally, it means that both husband and wife are in agreement as to all the terms of the divorce, including such things as child custody, visitation, and support, and property and debt division.

Uncontested also includes those cases where the defendant is served by legal process and does not file a response with the court within the time prescribed by law in which to do so.  In such an instance, a "default" divorce may be entered.

2.  What are the "plus costs?"

In all cases, there is a $165.00 court filing fee.  If both parties are in agreement and sign all the divorce papers, then that is the only "cost."  If the defendant will not sign the papers and has to be "served", then there will be the cost involved in serving the defendant.  This amount varies depending on the method used to serve the defendant.

3.  If it is uncontested, can Seagrave Law Firm represent both husband and wife?

No.  A divorce is a lawsuit.  There is a plaintiff and a defendant.  Even if both spouses are in agreement on the terms of the divorce, an attorney can only represent one side of a lawsuit.  Generally, we represent the plaintiff who is filing for divorce.

4.  Can I file for divorce on the grounds of irreconciliable differences?

No.  Irreconciliable differences is a "no fault" grounds for divorce.  In Arkansas, we do not have "no fault" divorce unless the husband and wife have been continuously separated for more than 18 months.   If you have not been separated for more than 18 months, then you must allege some form of misconduct on the part of your spouse in order for the court to grant the divorce.

5.  Is there alimony in Arkansas?

Yes.  Alimony, also called spousal support, can be awarded in a divorce proceeding under certain circumstances.