Divorce Representation

We are Your Divorce Resource in Little Rock

Divorce Attorneys in Little Rock, Arkansas

Few situations are as difficult in life as that of divorce. Whether a contested divorce or an uncontested divorce, the ending of a legal relationship can be difficult and complicated. Even an amicable divorce can be fraught with severe and long-standing consequences if property is not correctly divided.

Read Our Divorce FAQs

Dedicated Representation

Important aspects of your family law case are addressed with competent representation that is assertive, without being unnecessarily aggressive, as the circumstances require. We strive for successful resolution of your case with efficiency and as expeditiously as possible without undue delay or expense. Your case will be evaluated with an eye to successful resolution of all legal issues while protecting your rights.

Attorney Destiny McHughes is a Certified Domestic Relation & Probate Mediator—a rare distinction allowing her to skillfully handle domestic needs that arise during divorce such as mediation, child custody, and guardianship.

Destiny Law also provides unbundled divorce services. Please click here to learn more.

Child Custody

Often the most contentious part of a divorce is a child custody battle and deciding who will have primary physical custody and who will make legal custody decisions in the future. Determining where children will reside and when, as well as deciding visitation schedules for weekend visitation, summer visitation and holiday visitation can be very challenging. We help you consider all factors in making these decisions or advocating to protect your rights to be involved with raising your children to remain an involved parent.

Assertive Litigation

Settling your case without going to court is often a goal of our clients and is a goal of ours also. Accomplishing this goal is desirable and commendable. This is something we strive to do without surrendering rights and property. It may not, however, be possible to avoid litigation in some situations. We are not afraid of going to court and taking your case to trial where it is necessary. When litigation becomes necessary, we fight for you and your rights.

Destiny Law also provides unbundled services for guardianship. Click here to learn more.

Property Division

With regard to division of property, Arkansas is not exactly a community property state as are some states but we function like one. The Arkansas statutes say that property is generally to be divided equally unless there is an equitable reason not to divide property evenly. Those last words of the statute have resulted in a lot of uncertainty about what is fair and what is not fair to each party. Careful consideration of the issues and facts in property division by our knowledgeable attorneys helps you split property equitably or sometimes, unequally, if that is warranted by the facts.

Arkansas Divorce FAQ

If I want a divorce from my spouse, what do I do first?

The first thing to do is get a snapshot of all of your assets. You need to know every asset you have prior to and during your marriage. The second thing to do is hire a divorce attorney who will help you navigate your rights during this difficult process.

What are the grounds for divorce in Arkansas?

In Arkansas, there are seven grounds for which a divorce may be filed:

  • Adultery
  • Impotency
  • Conviction of a Felony or infamous crime
  • Habitual drunkenness
  • Cruel and Barbarous treatment
  • General indignities
  • Living separately for 18 continuous months

What is the difference between marital settlement and separation agreement?

A marital settlement is a property, custody, and support settlement within a divorce decree. A separation agreement is not quite a decree of divorce, but more of a legal separation. You are still able to divide up assets, assign support, etc. However, you are still not legally divorced. A legal separation and its agreement can be converted into a divorce.

How long must I be a resident of Arkansas to get a divorce?

You must be a resident of a County in Arkansas for 60 days in order to be able to file for divorce.

How quickly am I able to get divorced?

If it is uncontested and everyone agrees on the division of property and such matters, it might only be about 6 weeks. If it is contested, it will usually require a minimum of six months to a year and a half, sometimes longer, depending on any struggles between the parties.

What is the difference between a contested and an uncontested divorce?

An uncontested divorce is when the parties have identified all of their assets, all of their debts, and every other issue that could be litigated in a divorce process and have come to an agreement. This can include child custody and child support, if those apply. A contested divorce is when there is something in which the parties disagree.

How is our property divided?

Marital property division is normally split 50/50, but there are exceptions to this. Some examples include:

  • If this is a case of adultery and the person who has committed the act of adultery has been spending marital money on a person who is not their spouse, then the spouse has the right to petition for Inequitable Distribution of the Marital Estate. This is when the non-adulterer asks the court to give them more than half of the marital estate because the adulterer spent marital funds on another person.
  • A prenuptial or or postnuptial agreement in which there is already an agreement in place of the division of property.
  • Inherited property and premarital property are not included in the division, unless it has been commingled.

Will I have to go to court in the case of a divorce?

The requirement to go to court depends on your situation. Even in an uncontested divorce, you may still be required to go to court. The only time an uncontested divorce is not required to go to court is when they have been legally separated for 18 months and the judge approves of an Affidavit of Deposition. However, in most cases, even an uncontested divorce requires a short hearing with the clients and also a witness to verify in front of the court the grounds for divorce and the parties’ residency.

How much does it cost to get divorced?

The cost for divorce depends on your situation with the type of service you require and the county in which it is being filed. If it is truly an uncontested divorce, then there will most likely be a $1,500 attorney fee plus costs that range from $165 up to $400.

However, in a contested divorce, then you can expect a starting retainer of $2,500. And if there are children involved, then you can expect a starting retainer of $3,500. In many cases, you are likely to spend up to $10,000 in a custody battle.

For Representation in Your Divorce | Click Here

If you have anymore questions not in this Divorce FAQ, we offer a one-hour consultation for a set fee to evaluate your case and fully review it with you. We will explain to you how divorce law works and provide you with an overview of your rights. After this consultation, the required retainer and costs can then be estimated.

We’re Here to Help

Let us help you with your family law case. We will work on your behalf to to give you the best result possible. We recognize you have rights and know how to apply the law to your situation to settle your case or litigate for you to protect your interests. Above all, we will work with efficiency to help you controls costs and avoid unnecessary expense and turmoil. In many divorce cases, clients must complete an Affidavit of Financial Means in order for the Court to determine child support and possibly the division of debt. Please see below to access the document.

Affidavit of Financial Means

We offer a one-hour consultation for a set fee to evaluate your case and review it with you. We can explain to you how Arkansas divorce law works and provide you with a basic overview of rights and responsibilities, particularly as it applies to your case. After consultation the required retainer and costs can then be estimated.

Call (501) 372-1200 or contact us online to set an appointment.