Arkansas Divorce FAQs
Divorce law specialists in Little Rock and the surrounding areas.
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.
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 who will help you navigate your rights during this difficult process. View our divorce checklist for more information.
In Arkansas, there are seven grounds for which a divorce may be filed:
The divorce process is fraught with challenges from filing a complaint about divorce to marriage dissolution and ensuing children’s custody and alimony. There are many legal hurdles when filing for divorce in Arkansas but our divorce lawyers can help! Here’s an easy guide for filing for divorce.
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.
You must be a resident of a county in Arkansas for 60 days in order to be able to file for divorce.
The easiest and fastest way to get a divorce in Arkansas is an uncontested divorce. With this type, you and your spouse agree to end your marriage based on your personal, economic, or health situations. Additionally, you and your spouse agree on the division of assets and debts, as well as child custody and visitation.
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. In an uncontested divorce where both parties are in agreement, your divorce may be final in only about six weeks. A contested divorce is when there is something in which the parties disagree that must be decided by the court. Contested divorces usually require a minimum of six months to a year and a half, sometimes longer, depending on the disagreement between the parties.
Marital property division is normally split 50/50, but there are exceptions to this. Some examples include:
Adultery is one of the grounds upon which you can ask the court to end your marriage legally. If adultery has occurred while you’re filing for divorce, consult a divorce attorney in Little Rock and seek their legal advice. The courts will consider adultery during the divorce process if the following holds:
While marital misconduct such as cheating serves as a ground for a fault-based divorce in Arkansas, it’s unlikely to affect alimony rewards. Among other things, the judge will consider how long the two parties have been legally married, their health and age, academic and career profiles, as well as total assets and liabilities each spouse will retain after the divorce, whether one spouse financed the other to get a degree or other professional qualification, and the ability of the payor spouse to make such payments as well as the necessity of the payee spouse to receive such payments.
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.
The cost for divorce depends on your situation, including the type of service you require and the county in which it is being filed. Uncontested divorces tend to cost less than contested divorces. If it is truly an uncontested divorce, then there will most likely be a $2,000 attorney fee plus costs that range from $165 up to $400.
However, in a contested divorce, you can expect a starting retainer of $3,500 and up depending on the complexity of the case. If there are children involved, then you can expect a higher starting retainer. 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. Contact us today!