Little Rock, AR Legal Separation Attorneys

Why would I want to file for legal separation?

There are several reasons people may choose to file a Complaint for Separate Maintenance (aka legal separation) rather than a Complaint for Divorce. A couple may be 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 if 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 for at least 60 days prior to filing the complaint. A hearing will be scheduled that both parties must attend.

A family law attorney experienced in legal separation issues will help you make sure that you are in the best financial situation for yourself and for 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 18 months, you will then have grounds for divorce based on length of separation.

Why Choose Destiny Law?

Destiny Law Firm legal separation attorneys have helped many couples through these difficult times. Destiny McHughes is an experienced mediator in addition to being a family law attorney and child custody attorney in Little Rock. 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 compassionate counsel who will make you a priority and who knows how to respond to your particular situation. Contact Destiny Law to discuss your situation.