Arkansas Divorce FAQs

Arkansas Divorce FAQs

Destiny Law divorce attorneys in Little Rock and Hot Springs, Arkansas are here for you. Here are answers to divorce FAQs—questions our divorce attorneys at Destiny Law are most commonly asked about divorce in Little Rock, Arkansas. For more information on our divorce services, click here.

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 an experienced divorce attorney in Little Rock or Hot Springs who will help you navigate your rights during this difficult process. View our divorce checklist for more information.

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; and
• Living separately for 18 continuous months.

What is the difference between a marital settlement and a 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. Destiny Law divorce attorneys in Little Rock and Hot Springs can help you protect your rights in marital settlements and separation agreements.

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, your divorce may be final in only about six 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 that must be decided by the court.

How is our property divided?

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

• In the event 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 parties in an uncontested divorce are 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. 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. Contact Destiny Law divorce attorneys in Little Rock to navigate this process.

How much do divorce lawyers cost to retain?

The cost for divorce depends on your situation, including 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, you can expect a starting retainer of $2,500. 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.

If you have questions not answered in these divorce FAQs, Destiny Law divorce lawyers offer one-hour consultations for a set fee to evaluate your case 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.