Divorce FAQs

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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.

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