Divorce
The Best Arkansas Divorce Attorney
Looking into divorce?
You should know the differences between uncontested divorce vs. contested divorce.
Contested Divorce
Contested divorces are when both parties cannot agree on the terms of divorce. Common things that people go to court over are custody, child support, alimony, property distribution, and financial distribution.
Uncontested Divorce
Uncontested divorces are when both parties can agree on all the terms of their divorce (custody, support, property, and all).
Frequently Questions
Questions answered that are often asked about divorce.
Is there a residency requirement?
Yes! You must live in the state of Arkansas for 60 days before filing for divorce here.
Do I need grounds for divorce in Arkansas?
Yes. To file for divorce, you have to provide a reason on the petition. It can be vague, and Arkansas even allows couples to be divorced on the ground of separation. Some common “reasons” to put on a divorce petition are; failure to support the other spouse, adultery, cruel treatment/life endangerment, incurable insanity, alcohol abuse for at least 1 year, felony conviction, impotence, and behavior that results in humiliation/embarrassment/
What are the requirements for a divorce based on separation?
In Arkansas, you can be separated for 18 months and be granted a no-fault divorce with no consent required. If there is any evidence of cohabitation or marital relations, the time period starts over.
How long does divorce take?
In Arkansas, there’s a 3-month waiting period before a divorce is finalized. If you have to litigate issues, it can take years.
Factors
Just because these are Arkansas’ standards for divorce, doesn’t mean they’re the gospel. There are cases that look different than these standards. Some common deviations from the standards are:
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Custody: One deviation is when joint custody doesn’t work out because of where the parents live. Another is when one parent doesn’t have the means or ability to properly care for the child(ren).
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Child Support: Deviations usually come when there are additional expenses for children – like daycare, medical needs, educational needs, etc.
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Property/Financial Distribution: Deviations often come when the parties have significant earning potential disparity or can be based on the living arrangement for the children.
What About legal Separation?
Legal separation is known as a divorce from bed and board or separate maintenance. Basically, it divides up assets like a divorce, but the parties are still legally married. Legal separations aren’t common but can be useful under the right circumstances. There are risks associated with legal separations, so they should still be handled by a qualified divorce attorney.
