Little Rock Legal Separation Attorneys

Providing Counsel and Representation in Little Rock for Legal Separation Issues

Why would I want to file for Separate Maintenance?

There are several reasons people may choose to file a Complaint for Separate Maintenance (aka Legal Separation) rather than a Complaint for Divorce. It’s possible that the couple is still trying to work out issues before taking that last step to dissolve the marriage completely. Perhaps religious reasons keep the couple from filing for a divorce. The couple may prefer a separation because they don’t want their insurance benefits to end like they would after a divorce. They may not be ready to divide up their retirement accounts yet.

A separation acts like a divorce because issues of property division are decided. If the parties have children, the separation will determine issues of child custody, child support, and visitation. A separation will decide these issues for the pendency of the separation, but the decisions will be finalized until the separation is converted to a divorce and a decree of divorce is granted.

Filing for Separation

Once you file for Separate Maintenance, you will be able to ask for financial support from your spouse, possession of certain marital property, and child custody and child support arrangements. In order to file for Separate Maintenance in Arkansas, the person must be a resident of the state at least 60 days prior to filing the complaint. A hearing will be scheduled that the parties must attend.

An experienced family law attorney will help you make sure that you are putting yourself in the best financial situation for yourself and your children during this separation. He or she will also make sure you meet the grounds to file for Separate Maintenance; namely, that you and your spouse have separated and that you are not at fault.

Your attorney will attend the hearing with you and make sure the judge has all of the facts he or she needs to decide issues of support and child custody. After you have been separated for eighteen months, you will then have grounds for divorce based on length of separation.

Why Choose Destiny Law?

Destiny Law Firm has helped many couples through the difficult decision of whether to file for Separate Maintenance or Divorce. We know how to reach the best outcome for each person based on their own lifestyle and circumstances. Destiny McHughes is an experienced mediator in addition to being a family law attorney. She and her staff will work with you to recognize whether it would be more beneficial for you to file for separate maintenance or divorce.

When you are in a stressful time in your marriage, you need someone compassionate, who will make you a priority and knows how to respond to your particular situation. Contact us to discuss your situation.