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Timeline for the Defendant to Answer Once the defendant is served they generally have 30 days to file a written answer with the court. If the defendant does not file a written answer, then the court may grant the divorce without any notice to the defendant.
Your spouse can contest or object to you getting a divorce. 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.
This is called an ?uncontested divorce.? If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.
To obtain a divorce on the basis of general indignities, a plaintiff ?must show a habitual, continuous, permanent, and plain manifestation of settled hate, alienation, and estrangement on the part of one spouse, sufficient to render the condition of the other intolerable.? Lundy, 2014 Ark. App.
Contested divorces usually require a minimum of six months to a year and a half, sometimes longer, depending on the disagreement between the parties.
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.
Divorce records in Arkansas are only available to the persons named on the record, a legal representative, an immediate family member, or a legal guardian. All divorce records, however, become accessible to the general public after 100 years.