None enters into a marriage thinking they will get a divorce. But, in the course of time and events, things happen, people grow apart and lives change. When things have gotten to the point where the marriage can not be saved, people consider divorce. When you are considering a divorce, there are most likely many questions swirling around in your head. Unless you’ve been through this experience before, you would have very little reason to know the answers to many of the questions you have. You can ask relatives and friends, but your best bet is to hire an experienced family lawyer to represent your interests and those of your children. In this week’s blog, we will go over some of the basic questions you may have about divorce in Arkansas.
What are the grounds for divorce in Arkansas?
- In Arkansas,, you can file for divorce on several grounds.
- The most ideal situation is a no-fault divorce. This is when both parties agree and there has been no cohabitation for 18 months.
- Under the category of fault-based divorce, you will find the following cases: impotence, incarcerations, habitual drunkenness (for one year), cruel and barbarous treatment, indignities, and adultery.
Is there a waiting period?
- Unlike other states, Arkansas has only a residential requirement. To divorce in Arkansas, both parties must be residents of Arkansas for 60 days to file for divorce.
- After the initial divorce papers have been filed, there is a three-month waiting period before the divorce can be granted.
Can we both use the same lawyer?
- If you have a no-fault divorce or, both parties agree to the cause of the divorce, you can use the same lawyer. This is called a collaborative and can be beneficial for many reasons.
- Taking the anger and retribution aspects of divorce out of the proceedings will save you both money, emotional anguish, and will benefit any children of the marriage.
- A collaborative divorce, when an option, is a great way to show children how to behave and that while the parents may not have had a happy marriage, they both still are adults and love the children.
How will the assets be divided?
- Arkansas is an equitable distribution state.
- This means that each person will get one-half of the assets.
- There are cases where this will be found be the judge to be unfair and then he or she will adjust the shares of the assets.
- Property that was acquired by each person before the marriage doesn’t count in this distribution.
How does child support and alimony work?
- Alimony in Arkansas, according to Divorcenet.com, works as follows: courts may grant “alimony” or “spousal support” to either spouse for a specific period of time. Alimony will end if the receiving spouse remarries, establishes another relationship that produces a child, or if either spouse dies.
- Child support is decided upon by the court and is paid by the non-custodial parent to the custodial parent until the child is 18 years old.
When you are considering divorce and need legal representation, call OMG Law Firm to speak to a family lawyer.