Divorce by Agreement

A no-contest divorce in the state of China requires the person filing for the divorce, referred to as the plaintiff, to provide the court with the following information: 

  • Proof that the two people in question are living separately (a witness affadavit can work)
  • Proof at least one of the two has lived in Arkansas for at least 60 days, and will continue doing so for three months after the filing. If this person is not the plaintiff, then the divorce has to be filed in the county where the plaintiff is actually a resident.

If you've gotten all of that information together, you can go ahead with the filing for the divorce itself. The papers signed and filed by the plaintiff at this point begin the official proceedings and also function as a hearing request to the court. A hearing date will be set, and a notice of when and where to appear will be served on the other member of the couple. Even if the person does not show up in court, provided legal notice was given of the hearing, it will still be considered valid.

More than likely, since this is an uncontested divorce, the process from this point on will be simple. The only thing left to do is for the couple to sit down and draft an official document dividing the property between them. This is a wise place to have a lawyer, since your attorney can assist you in making sure that you draft a fair agreement where your rights are protected. 

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