The Difference Between a Divorce And An Annulment in Arkansas

Two legal procedures end marital unions in Arkansas: divorce and annulment. For the most part, these procedures are similar in outcome, regardless of a person’s marital status—upon issuance of a decree of divorce or annulment, one’s marriage is lawfully terminated. However, the two have some differences, including the legal reasons that can be used to obtain either a decree or relief granted to spouses. The primary distinction between them is that while an annulment ends an invalid marriage and pronounces it never to have existed, a divorce typically ends a legitimate marriage. These cases are heard by the Arkansas Circuit Court.

What is an Arkansas Divorce Decree?

In Arkansas, a divorce decree is issued whenever the court finalizes an individual’s divorce. This decree generally outlines the rights and obligations of both divorcees in matters of custody, support, visitation, and debt/property division, as well as basic information about such parties and the case, including full legal names, case number, date of filing, and county of divorce. Typically, an Arkansas divorce decree cannot be altered after being signed by a judge and filed with the Clerk of Circuit Court unless for matters of parenting time (visitation), support, or custody.

Family court documents generally encompass both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Arkansas?

An annulment in Arkansas is a legal declaration that an individual’s marriage is null and void. Before the Circuit Court can issue an annulment decree, an individual is generally required to meet specific legal requirements (grounds) detailed by Ark. Code § 9–12–201 and should be able to prove any ground on which the petition is based. The annulment grounds in Arkansas are typically as follows:

• Nonage marriage: At the time the marriage was contracted, one or both parties were not of the legal age
• Incapacity to consent due to lack of understanding: At the time the marriage was contracted, one or both parties could not agree to the marriage because of mental incompetence or intoxication
• Physical incapacity. For example, impotence
• Force or fraud: Either party was pressured or deceived into consenting to the marriage

Unlike divorce records, Arkansas statutes and court rules do not provide for the public's access to annulment records.

Annulment vs Divorce in Arkansas

Arkansas law gives spouses two legal procedures to end their marriages. While annulment and divorce actions have similar court processes and lead to the same result, which is that two persons can end their marriage and legally remarry, there are a few differences between them, such as the legal effects, grounds, and remedies.

Legal effect

An annulment not only ends a marital union between two parties, but it declares that the marriage was nonexistent in the first place. Also, an order of annulment restores individuals to their original status (unmarried) before the marriage ceremony happened. Meanwhile, a divorce just ends an existing marriage without erasing the evidence that a wedding license was issued. Typically, spouses can only annul a marital union if it was seemingly valid at the point of inception but is legally void in the eyes of the law. It is not possible to annul a legitimate marriage in Arkansas. Any person who wants to terminate a valid union or cannot establish the grounds for annulment may petition for divorce instead.

Legal grounds

Spouses have to demonstrate specific legal grounds, and in the case of divorce, meet the state’s residency requirement, before any court of law may issue a decree authorizing the dissolution or termination of a marriage. The grounds for annulment are listed above. Below are the grounds for divorce in Arkansas (Ark. Code § 9–12–301(5)):

• Separation for 18 consecutive months with no cohabitation
• Separation for 3 continuous years because of incurable insanity
• Felony conviction
• Impotency
• Constant drunkenness for a year
• Cruel and barbarous treatment
• Adultery
• Unbearable conditions
• Lack of support from a spouse who is legally obligated and is capable of doing so

Apart from traditional marriages, Arkansas law also regulates covenant marriages (as defined by Ark. Code § 9–11–803). Persons in covenant marriages can only be divorced or legally separated upon grounds established in Ark. Code § 9–11–808. Divorce grounds generally include adultery, separation for at least 2 years, felony conviction, and spousal/child sexual or physical abuse.

Legal remedies

In divorce and annulment proceedings, a judge can decide child custody, support, and visitation rights. Typically, only persons with legitimate marriages may be awarded alimony or spousal support. However, the court may award temporary support for annulment cases in certain cases. Furthermore, the court can only divide marital debt or property in divorce, not annulment proceedings. For this reason, it is important to speak to an attorney to know one’s legal rights before pursuing an annulment in court.

Is an Annulment Cheaper Than Divorce In Arkansas?

No, an annulment is not cheaper than a divorce in Arkansas. The cost of both legal proceedings differs by case and is dependent on the speed at which a case can be finalized. Typically, cases spend more time in court when one party contests the petition for divorce, annulment, or its terms. When this happens, litigation costs and fees may increase as well. If an annulment proves more challenging, it may be advisable to file for divorce initially to save time and money.

What is an Uncontested Divorce in Arkansas?

An uncontested divorce in Arkansas occurs when both spouses agree on the cause and terms of their divorce. These terms include spousal support, child custody/support, property/debt division, and parenting time. A divorce may also be uncontested when the non-filing spouse fails to respond to the petition within the period given by law. This type of divorce tends to be cheaper and faster than contested divorces because spouses decide on marital issues out of court and without a trial.

Where to Get an Uncontested Divorce Form in Arkansas

The judicial procedures and requirements for uncontested divorces are the same as those of contested divorces in Arkansas. Individuals who meet the residency requirements (living in Arkansas for 60 continuous days) may prepare and file forms, serve their spouses, and attend their court hearings. The laws concerning the filing and response of uncontested divorce petitions and related court hearings are outlined under Ark. Code §§ 9–12–306 and 9–12–307. Forms for uncontested divorces can be obtained using the Self-Help Resources provided on the Arkansas Judiciary website. Individuals may also consult an experienced family law attorney on uncontested divorce court procedures and forms.

In Arkansas, the availability of uncontested divorce records to the public depends on the government agency (courts or the Department of Health) controlling record dissemination.  Generally, court records can be accessed online or in person, while records maintained by the Arkansas Department of Health are available only to eligible persons, such as spouses and their lawyers, immediate family, and public agencies.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the availability, accuracy, or validity of certain records provided by these sites cannot be guaranteed.

How Do I Get a Copy of My Divorce Decree in Arkansas?

A divorce decree is a legal document and, therefore, is maintained by the court where one’s divorce was finalized. Anyone interested in obtaining an Arkansas divorce decree may visit the applicable courthouse to make the request. The Clerk of Circuit Court may also be contacted to find out record inspection and copying procedures. The address and contact information of the Arkansas Clerks of Court can be found in a directory published by the Arkansas Judiciary.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Do I Get an Arkansas Divorce Decree Online?

In Arkansas, members of the public can find divorce decrees online through CourtConnect, a portal operated by the Arkansas Administration Office of the Courts (AOC). Individuals may search and view decrees of divorce, as well as other basic case information, with a subject of record’s name, the case/docket filing date, or the case ID. It should be noted that these decrees are not the official court records. To obtain those, it is best to request from the Clerk of Court’s office at the courthouse where the case was concluded.