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Q: USA/Canadian Divorce Issue ( Answered 4 out of 5 stars,   0 Comments )
Subject: USA/Canadian Divorce Issue
Category: Family and Home > Relationships
Asked by: buddy1986-ga
List Price: $20.00
Posted: 30 Jul 2004 17:40 PDT
Expires: 29 Aug 2004 17:40 PDT
Question ID: 381535
I married a canadian citizen in 1999 in North Carolina. I am an
American citizen who has resided in the state of Arkansas for 2+
years. I need to know the quickest, cheapest route to divorce. We have
been separated for 2+ years. There are no assets to divide. There are
no children. It would be an uncontested divorce. I am looking for
possible loopholes or ideas along the lines of immigration,
abandonment, international law- in other words a simple solution. I do
not want to make a lawyer richer.
Subject: Re: USA/Canadian Divorce Issue
Answered By: tutuzdad-ga on 30 Jul 2004 18:49 PDT
Rated:4 out of 5 stars
Dear buddy1986-ga;

Thank you for allowing me an opportunity to answer your interesting
question. Unlike other states perhaps, in Arkansas you won?t need any
?loopholes?. If you have lived in the State of Arkansas for a minimum
of 60 days you meet the residency requirement to file for a ?no fault?
divorce PROVIDED that you will have lived in Arkansas for at least 3
months before a divorce will be finalized. Since an uncontested
Arkansas divorce normally takes about 30 days to finalize you appear
to meet all requirements necessary.

You may obtain a ?no fault? in Arkansas if you have been voluntarily
living separately without cohabitation for 18 consecutive months.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].

General grounds for divorce are:

(1) Impotence; (2) adultery; (3) confinement for incurable insanity or
separation caused by mental illness for a period of 3 years; (4)
conviction of a felony; (5) cruel and inhuman treatment which
endangers the life of the spouse; (6) personal indignities; (7)
habitual intemperance (drunkenness) for 1 year; (8) commission and/or
conviction of an infamous crime; and (9) nonsupport whereby the spouse
is able to provide support but willfully fails to provide suitable
maintenance for the complaining spouse.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].

It is important to note however that these claims can (and will most
likely) interfere with your ?no fault? divorce so if speed and
efficiency is of paramount interest to you these claims would probably
be best kept to one?s self.

To get a ?simplified? no fault divorce you will need the following:

?In an uncontested divorce, proof of a spouse's residency, proof of
separation, and proof of no cohabitation may be provided by a signed
affidavit from a third party. In addition, in an uncontested divorce,
proof of the grounds for divorce need not be corroborated by a third
party. [Arkansas Code of 1987 Annotated; Title 9, Chapters 12-306,
12-313, and 12-316].?

The divorce is quick and painless (relatively speaking of course) and
takes only 30 days:

?The parties must wait 30 days before the degree can be entered.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-3101 and

An uncontested divorce in Arkansas with the aid of an attorney costs
about $300. How do I know this? Well, I have experience at being both
a resident of Arkansas and a former client of an Arkansas divorce

Alternatively, you could file all the forms yourself in the county
courthouse (county where you reside) as a ?pro se litigant? (meaning
you are representing yourself without the aid of an attorney). You
could use forms from a company such as this for example:


Ultimately you would only be responsible for the fees to the company
providing the forms and the local filing fees. This would probably
save you about $100 but in my opinion isn?t worth the headache to save
so little and you?d still have to wait 30-days ? there?s no way around
this waiting period and as a resident of Arkansas you are bound by it.
Every state has a waiting period between the time that you separate
and the time that you are eligible to file for divorce. You will read
that the shortest waiting period is six weeks in the State of Nevada.
This is simply not true; all uncontested Arkansas divorces are
normally final in 30 days (4 weeks), making YOUR state the fastest way
to go if you already live here. If all goes well and no unforeseeable
problems arise as you say, you could theoretically file at your county
courthouse this Monday, August 2nd and your divorce will be absolutely
final on Wednesday, September 1st.

Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


Defined above



Google ://


Arkansas divorce requirements statutes law
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