Working through the intricacies of divorce can be overwhelming, particularly if you’re unfamiliar with family law. As someone who has helped many walk this path at Watson Law Firm, I want to share insights into the divorce process in Arkansas, shedding light on the relevant family law aspects that can affect your situation.
Whether you’re contemplating divorce or are already in the midst of it, working with an Arkansas divorce lawyer can make all the difference in the outcome of your case and the trajectory of your future. Contact us at the Watson Law Firm today to set up a time to meet with our experienced and compassionate attorney.
Divorce in Arkansas
In Arkansas, divorce, legally referred to as "dissolution of marriage," can be a complicated process influenced by numerous factors, including child custody, division of assets, and spousal support. The divorce process typically begins with one spouse filing a complaint in the local circuit court, which has jurisdiction over family law matters in the state.
Types of Divorce
Arkansas recognizes two primary types of divorce: contested and uncontested.
Contested Divorce: This occurs when the spouses can’t agree on one or more aspects of the divorce, such as child custody, division of property, or alimony. In a contested divorce, the court may need to intervene to resolve disputes. It can often be a lengthy and emotionally draining process, requiring numerous court appearances.
Uncontested Divorce: In contrast, an uncontested divorce occurs when both parties agree on all key issues related to the divorce. This option is typically quicker, less expensive, and less stressful than a contested divorce. An uncontested divorce requires both spouses to submit a signed settlement agreement to the court, outlining the terms of their divorce.
Choosing the right path for your divorce is crucial, as it can significantly impact the emotional and financial outcomes for both parties.
Grounds for Divorce in Arkansas
Understanding the legal grounds for divorce is a critical part of the process. Arkansas law outlines several grounds for divorce, categorized as either "no-fault" or "fault" grounds.
No-Fault Grounds
The most common ground for divorce in Arkansas is irreconcilable differences. This means that the marriage has broken down to the point that there’s no reasonable likelihood of reconciliation. This ground allows for a more straightforward divorce process, as neither party must prove fault.
Fault Grounds
Arkansas also recognizes several fault-based grounds for divorce, including:
Adultery: If one spouse has engaged in infidelity, the other spouse can file for divorce on this basis.
Conviction of a Felony: If one spouse is convicted of a felony and sentenced to imprisonment, the other spouse may file for divorce.
Abandonment: If one spouse leaves the other without any intention of returning, this may be grounds for divorce.
Habitual Drunkenness: If one spouse has a long-term issue with alcohol or drug abuse, this can also serve as a basis for divorce.
Cruelty: Physical or emotional abuse can justify a divorce.
When contemplating divorce, it’s essential to consider which grounds align with your situation and how that might affect the divorce process.
Here to Guide You Forward
The Divorce Process in Arkansas
Once you decide to pursue a divorce, the process typically unfolds in several stages.
Filing the Complaint: The divorce process begins when one spouse files a complaint in the circuit court. The complaint outlines the reasons for the divorce and the relief sought, such as child custody or division of property.
Service of Process: After the complaint is filed, the other spouse must be officially served with the divorce papers. This makes sure that they’re aware of the legal proceedings and have the opportunity to respond.
Response: The served spouse has a specified period (usually 30 days) to respond to the complaint. If they agree with the terms, they can file a response acknowledging this. If they contest the divorce, they’ll outline their objections in their response.
Discovery: In contested cases, both parties may engage in discovery, which is the process of exchanging information and documents relevant to the divorce. This can include financial records, communication, and any evidence that supports each party's position.
Negotiation and Mediation: Many couples engage in negotiation or mediation to resolve their disputes amicably. Mediation involves a neutral third party helping both spouses reach an agreement on contested issues, such as child custody and asset division.
Trial: If the parties can’t reach an agreement through mediation, the case may proceed to trial. During the trial, both spouses present their arguments, and the judge ultimately makes a decision on contested issues.
Final Decree: Once the court resolves the issues, a final decree of divorce is issued. This document outlines the terms of the divorce, including custody arrangements, division of property, and any alimony awarded.
Division of Property in Arkansas
One of the most contentious aspects of divorce often revolves around property division. Arkansas follows the principle of equitable distribution, which means that marital property is divided fairly, but not necessarily equally.
Marital vs. Non-Marital Property
Understanding the difference between marital and non-marital property is crucial in determining how assets are divided during a divorce.
Marital Property: This includes all assets acquired during the marriage, regardless of whose name is on the title. This can encompass homes, vehicles, bank accounts, retirement accounts, and any other property acquired during the marriage.
Non-Marital Property: This includes assets acquired before the marriage or those received as a gift or inheritance specifically to one spouse. Non-marital property is typically not subject to division in divorce.
When dividing marital property, the court considers various factors, including the length of the marriage, each spouse's contributions, and the economic circumstances of each party.
Child Custody and Support
If children are involved in the divorce, child custody and support become primary concerns. Arkansas family law prioritizes the best interests of the child when determining custody arrangements.
Types of Custody
There are two main types of custody arrangements in Arkansas:
Legal Custody: This refers to the right to make important decisions regarding the child's upbringing, including education, healthcare, and religious upbringing. Legal custody can be shared (joint legal custody) or awarded to one parent (sole legal custody).
Physical Custody: This determines where the child will live. Similar to legal custody, physical custody can also be joint or sole. Joint physical custody allows the child to spend substantial time with both parents, while sole physical custody means the child primarily resides with one parent.
Child Support
In Arkansas, child support is calculated based on a formula that considers both parents' incomes, the number of children, and other relevant factors. The parent with primary custody typically receives child support payments from the non-custodial parent to help cover the child's living expenses.
Spousal Support (Alimony)
In some divorce cases, one spouse may be entitled to spousal support, commonly referred to as alimony. Alimony is intended to help a lower-earning or non-working spouse maintain a reasonable standard of living after the divorce.
In Arkansas, spousal support can be either temporary or permanent:
Temporary Alimony: This is awarded during the divorce process to help one spouse maintain their financial stability until a final decree is issued.
Permanent Alimony: This is granted after the divorce is finalized and is usually awarded in long-term marriages or situations where one spouse can’t reasonably support themselves.
The court considers several factors when determining whether to award alimony, including the length of the marriage, the financial resources of each spouse, and the standard of living established during the marriage.
The Role of Family Law Attorneys
While it’s possible to work through the divorce process without legal representation, hiring a family law attorney can significantly ease the burden. Family law attorneys are well-versed in the nuances of Arkansas divorce law and can provide invaluable guidance throughout the process.
Benefits of Hiring a Family Law Attorney
Legal Knowledge: An attorney can explain your rights and options, helping you understand the nuances of family law that may apply to your situation.
Negotiation Skills: Family law attorneys are skilled negotiators and can help you achieve favorable terms in areas such as property division and child custody.
Representation in Court: If your case goes to trial, having an attorney represent you can guarantee that your interests are protected and that you present a strong case to the court.
Emotional Support: Divorce can be an emotionally challenging experience. A family law attorney can offer support and guidance, helping you through the ups and downs of the process.
Alternative Dispute Resolution
If you prefer to avoid a contentious court battle, alternative dispute resolution (ADR) methods, such as mediation and collaborative divorce, may be viable options. These approaches focus on resolving disputes amicably, often leading to quicker and less expensive outcomes.
Mediation
In mediation, both spouses work with a neutral mediator to reach a mutually acceptable agreement on divorce-related issues. The mediator doesn’t make decisions but facilitates communication and negotiation between the parties. This process can be beneficial for couples who wish to maintain a cordial relationship, especially when children are involved.
Collaborative Divorce
Collaborative divorce is another ADR option that involves both spouses working with their respective attorneys in a cooperative manner. Each party agrees to negotiate in good faith to reach a settlement without resorting to litigation. Collaborative divorce can promote open communication and minimize conflict, making it a suitable option for many couples.
Work With a Divorce Attorney Today
Going through a divorce can be one of the most challenging experiences of a person's life, but understanding family law in Arkansas can empower you to work through this difficult time. By familiarizing yourself with the divorce process, the legal grounds for divorce, property division, child custody, and support, you can make informed decisions that align with your best interests and those of your family.
If you’re dealing with the divorce process and are unsure where to turn or what to do, call me, Mercedes L. Watson at Watson Law Firm. My office is located in Harrison, Arkansas and I work with clients throughout Boone County, Newton County, Marion County, and Baxter County. Call me now for more information and assistance.