A man and a woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license and executing a declaration of intent to contract a covenant marriage as provided. In order to obtain a divorce from a covenant marriage, you may file a Complaint for Divorce explaining grounds and asking for a decree of divorce. The spouse who files the Complaint for Divorce is the plaintiff. The spouse against whom the Complaint for Divorce is filed is the defendant.
The complaint for divorce must contain factual allegations specific to your case. Before you can file for divorce, the following must be true:
Your complaint for divorce must contain numbered paragraphs that include this information. If your spouse does not want the divorce, then you must have a hearing and prove each of the things listed above. You will also need to bring a witness to confirm your testimony about the grounds and Arkansas residency.
The grounds for divorce in a covenant marriage are stricter than in a normal marriage. You must prove that your spouse committed at least one of these grounds to be granted a divorce:
The grounds for separation in a covenant marriage are stricter than in a normal marriage. You must prove that your spouse committed at least one of these grounds to be granted a judgment of judicial separation:
You must legally serve your spouse/defendant with the Complaint for Divorce and give your spouse the chance to respond in writing.
Child and Spousal Support
The amount of child support is determined by the Arkansas Family Support Chart. Alimony or spousal support may be awarded based on the spouse’s needs, the other’s ability to pay, and the specific facts of the case.
Getting a divorce in Arkansas takes a minimum of thirty days from the date a complaint is filed. If there are several issues to be decided by the judge, the divorce may take much longer.
Once the Decree of Divorce is signed by the judge and file marked, you cannot change the terms without a court order. The Decree of Divorce lists the rights and responsibilities of each person. If one party does not follow the terms of the Decree of Divorce, the other party may re-open the case and file a motion for contempt.