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randybrandon · Jan 5, 2012, 05:14 AM

I just want to put a ad in the news paper for 30 days for a divorce I been away from my wife for 13 years and I can't aford a laywer and I live in ark and she wants it done to and she's with some one else

ScottGem · Jan 5, 2012, 05:59 AM

You originally posted this under a "Read First" sticky note that specifically directed you to post in this forum. Yet you ignored those instructions.

You cannot get a divorce just by placing an ad. Only a court can grant a divorce. But since you have lived apart for 13 years this should be simple, especially since both parties agree.

You simply need to apply to your local Family Court for a divorce. This site can help you get started:
Arkansas Divorce Laws - Arkansas State Divorce Laws

You don't need an attorney and you can find the forms online. But an attorney would not be very expensive. You can probably get the paperwork prepared and the process completed for under $200.

jenniferju2 · Jan 5, 2012, 06:18 AM

I think it would be much easier just to have a non contested divorce. This is a divorce in which both parties agree on how to handle all matters from property division and allimony (if any) to child custody and support. You can but it is not neccisary to hire a lawyer in these cases. From state to state there is a filing fee but you may be eligible for a possible court fee waiver if your income is low enough. There are several documents that need to be filled out and filed. The less you share the easier these documents will be. For instance if you have no property to split, plan to pay no allimony and have no children all you will have to do is say so in the documents and that's that. One of you will have to file a petition for divorce with the court. Depending on your state you will also need to file the other paperwork I mentioned above concerning property alimony and children. The other spouse will be served the petition for divorce papers to which (as a non contested divorce) they will respond that it is uncontested within 28 days. You will then need to ask the court for a final hearing date at which the court will review your documents and approve of them (so long as there's nothing outrageous in there). Once its been signed off by the judge the divorce becomes official once it has been submitted to the clerk of courts.

The method of putting an ad in the newspaper is for people who cannot find the person they wish to divorce.
Another similar thing is when the other person refuses to respond to the petiton for divorce after 28 days you can file additional paper work to push the divorce through anyway.
Neither of these cases is you.

So again
Fill out the paper work required by your state regarding property, alimony, child custody and support. You can find these documents fairly easily with a search engine but be sure to include in the search which state you're in. the other next cheapest option is to hire a non lawyer (roughly $400 in my state)and they will make sure you have and have completed all the paper work required.. however YOU are still responsible for filing the paperwork with the court once completed.

Then you wait for the response within 28 days

Then you file a motion to set final hearing which one of you will need to attend
Then you're divorced.

Source: personal research - currently going through it.

ScottGem · Jan 5, 2012, 07:38 AM

Originally Posted by jenniferju2

I think it would be much easier just to have a non contested divorce.

Thank you for trying to help members here. However, given the OP's situation, Filing for a No-Fault divorce would be easiest. He has been separated from his spouse for 13 years. It is a good assumption that there are no issues of property, alimony or child support involved. The OP has satisfied the requirement for being separated over 18 months. So, he just needs to file a request for a divorce decree. If the ex also signs it's a rubber stamp deal.

jenniferju2 · Jan 5, 2012, 07:47 AM

Go with what he said. I wasn't aware of how a no-fault divorce works and who its for since its not applicable for my situation.

JudyKayTee · Jan 5, 2012, 08:27 AM

Originally Posted by jenniferju2

I think it would be much easier just to have a non contested divorce. this is a divorce in which both parties agree on how to handle all matters from property division and allimony (if any) to child custody and support. You can but it is not neccisary to hire a lawyer in these cases. from state to state there is a filing fee but you may be eligable for a possible court fee waiver if your income is low enough. There are several documents that need to be filled out and filed. The less you share the easier these documents will be. For instance if you have no property to split, plan to pay no allimony and have no children all you will have to do is say so in the documents and thats that. One of you will have to file a petition for divorce with the court. Depending on your state you will also need to file the other paperwork I mentioned above concerning property alimony and children. The other spouse will be served the petition for divorce papers to which (as a non contested divorce) they will respond that it is uncontested within 28 days. You will then need to ask the court for a final hearing date at which the court will review your documents and approve of them (so long as theres nothing outrageous in there). Once its been signed off by the judge the divorce becomes offical once it has been submitted to the clerk of courts.

The method of putting an ad in the newspaper is for people who cannot find the person they wish to divorce.
Another similar thing is when the other person refuses to respond to the petiton for divorce after 28 days you can file additional paper work to push the divorce through anyway.
neither of these cases is you.

So again
fill out the paper work required by your state regarding property, alimony, child custody and support. you can find these documents fairly easily with a search engine but be sure to include in the search which state youre in. the other next cheapest option is to hire a non lawyer (roughly $400 in my state)and they will make sure you have and have completed all the paper work required..however YOU are still responsible for filing the paperwork with the court once completed.

then you wait for the response within 28 days

then you file a motion to set final hearing which one of you will need to attend
then youre divorced.

source: personal research - currently going through it.

Your information may be correct in Florida (which I believe is where you are) but it is NOT correct in other parts of the Country.

For starters whether the OP "plans" to pay alimony is immaterial - the Court can STILL order alimony. Child support is often set by Statute - you cannot pay less.

Publication is only legal when it is by Court Order in a periodical RECOGNIZED by the Court. This requires a Hearing first in order to get the Order.

You also need grounds - which vary - in many States which do not recognize "no fault divorce."

I trust your info is accurate for your divorce in Florida - I didn't check the laws.

Fr_Chuck · Jan 5, 2012, 08:31 AM

As noted, I know the pain and trouble, if you can not afford an attorney and you are in contact with your ex. Can both of you split the cost? I am not a fan of online forms, but again if both of you agree to terms, it is one option.

Of course there are paralegals who will fill the forms out for you with less cost than an attorney.

jenniferju2 · Jan 5, 2012, 09:47 AM

OK gee. "plan" meaning "expect" regarding the alimony and as far as child support I was just speaking on agreeing on the matter not specific to paying less or more.. just agreeing. And then 3rd I just said that ads are used when you can't find the person... I didn't need to go into detail that it has to be court ordered. It seems I mustve hit a nerve by not being a legal expert and posting in the legal section. Accept my apology and breathe.

ScottGem · Jan 5, 2012, 10:32 AM

Originally Posted by jenniferju2

It seems I mustve hit a nerve by not being a legal expert and posting in the legal section. accept my appology and breathe.

Its not that, the issue is that we take pride in the accuracy of the answers provided here. Answers in the legal forums are held to a higher standard where they must adhere to statutory law.

Again, we appreciate that you want to help and welcome any responses that meet the standards set for the legal forums. Unfortunately what often happens is someone goes through a process that is similar to what the OP is asking about. So they feel their experience can help the OP. Sometimes it does, but more often than not, it doesn't and too often it confuses the situation. We want the OP to have the best and most accurate info, that's why we may correct info that is inaccurate or misleading, even unintentionally.