Arkansas Divorce Lawyers

To file for divorce in Arkansas, you must first complete and file a “Complaint for Divorce” with the Circuit Court in the county where either you or your spouse live.

The Complaint for Divorce must include information such as the names and addresses of both spouses, the date and location of the marriage, and the grounds for divorce. You must also pay a filing fee at the time of filing, which varies depending on the county.

Once the Complaint for Divorce has been filed, you must serve a copy of the paperwork on your spouse, either by certified mail or in person. Your spouse then has 30 days to file a response with the court.

After the response has been filed, or if your spouse does not file a response within the designated time frame, the court will schedule a hearing to address any contested issues, such as property division, alimony, and child custody.

It’s important to note that divorce proceedings can be complex, and it may be beneficial to consult with an experienced Arkansas divorce attorney who can guide you through the process and ensure that your rights and interests are protected.

Technically, you can file for divorce in Arkansas without the assistance of an attorney, but it is generally not recommended. The divorce process can be complex, and without the guidance of an experienced attorney, you run the risk of making costly mistakes or overlooking important legal issues.

An attorney can help you understand your rights and obligations, as well as the laws and procedures applicable to your case. An attorney can also assist you in navigating the court system, filing the necessary paperwork, and representing you in court hearings.

While hiring an attorney may involve additional costs, it can ultimately save you time, money, and stress in the long run. An experienced attorney can help you achieve the best possible outcome for your case, whether through negotiation, mediation, or court proceedings.

If you are considering filing for divorce in Arkansas, it’s important to consult with an experienced Arkansas divorce attorney who can advise you on the specific laws and procedures applicable to your case and help you achieve the best possible outcome for your situation.

The length of time it takes to obtain a divorce in Arkansas can vary depending on a number of factors, including the complexity of the case, the willingness of the parties to cooperate, and the court’s caseload. However, the minimum waiting period for a divorce in Arkansas is 30 days from the date the Complaint for Divorce is filed.

Assuming there are no contested issues that require a hearing, a divorce in Arkansas can be granted after the 30-day waiting period has expired. So, an uncontested divorce with no issues can be finished in 6-8 weeks. However, if there are contested issues that require a hearing, the process can take longer, and it may be 9-12 months at a minium before the divorce is finalized.

It’s important to note that while a divorce can be finalized after the 30-day waiting period, the terms of the divorce, such as property division, alimony, and child custody, may take longer to resolve. In some cases, parties may need to work through these issues with the help of their attorneys or a mediator before a final agreement can be reached.

Overall, the length of time it takes to obtain a divorce in Arkansas can vary widely depending on the specific circumstances of each case. It’s important to work with an experienced Arkansas divorce attorney who can guide you through the process and help you achieve the best possible outcome for your case.

Arkansas recognizes both fault and no-fault grounds for divorce. No-fault divorce requires the parties to show that they have lived separately and apart from each other for at least 18 consecutive months and that there is no reasonable expectation of reconciliation. This is known as a “separation divorce.”

However, Arkansas also recognizes several fault-based grounds for divorce, including:

• Adultery
• Impotence
• Conviction of a felony
• Habitual drunkenness
• Cruel and inhuman treatment
• Indignities that render the spouse’s condition intolerable
• Willful failure to provide the necessities of life

It’s important to note that fault-based divorce can be more complex and expensive than a no-fault divorce, as it may require additional evidence and court hearings to prove the grounds for divorce.

If you are considering filing for divorce in Arkansas, it’s important to consult with an experienced Arkansas divorce attorney who can advise you on the specific grounds for divorce applicable to your case and help you achieve the best possible outcome for your situation.

In Arkansas, property division in a divorce is governed by the principle of equitable distribution, which means that the court will divide the marital property in a manner that is fair and reasonable, taking into account a variety of factors, such as:

• The length of the marriage
• The age and health of each spouse
• The income and earning potential of each spouse
• The contribution of each spouse to the marital estate
• The needs of any children involved
• The tax consequences of the property division

Marital property in Arkansas is defined as all property acquired by either spouse during the course of the marriage, with some exceptions for property that was acquired by gift or inheritance, or that was owned by one spouse prior to the marriage. Non-marital property is generally not subject to division in a divorce.

If the parties are unable to agree on the terms of property division, the court will make a determination based on the evidence presented at a hearing. The court has broad discretion in making these decisions, and the outcome will depend on the specific facts of each case.

It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to property division and who can advise you on the most effective strategies for achieving a fair outcome. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

If you and your spouse cannot agree on the terms of your divorce in Arkansas, the case will likely proceed to a contested hearing before a judge. At the hearing, each party will have the opportunity to present evidence and arguments in support of their position on issues such as property division, alimony, and child custody.

The judge will make a decision on the disputed issues based on the evidence presented, taking into account factors such as the best interests of any children involved, the financial resources of each party, and any other relevant considerations.

If you are unable to reach an agreement with your spouse, it’s important to work with an experienced Arkansas divorce attorney who can help you prepare for the contested hearing and present a strong case on your behalf. An attorney can also help you understand the potential risks and benefits of going to court and can advise you on the most effective strategies for achieving your goals.

It’s important to note that contested divorces can be time-consuming, stressful, and expensive, and it may be in your best interest to try to reach a settlement through negotiation or mediation before proceeding to a contested hearing. However, in some cases, going to court may be necessary to protect your rights and achieve a fair outcome.

The cost of filing for divorce in Arkansas varies depending on the county and the complexity of the case. In most counties, the filing fee for a Complaint for Divorce is between $165 and $185. This fee must be paid at the time of filing and is non-refundable.

In addition to the filing fee, there may be other costs associated with a divorce, such as fees for serving the Complaint for Divorce on your spouse, fees for obtaining copies of court documents, and fees for hiring experts, such as appraisers or attorney ad litems.

If you hire an attorney to represent you in your divorce, there will be additional legal fees that will vary depending on the complexity of the case and the amount of time and resources that your attorney invests in your case. It is important to discuss legal fees with your attorney at the outset of your case, and to obtain a written fee agreement that outlines the terms of your representation.

Overall, the cost of filing for divorce in Arkansas can vary widely depending on the specific circumstances of each case. If you have concerns about the costs of a divorce, it’s important to discuss your options with an experienced Arkansas divorce attorney who can advise you on the costs and help you achieve the best possible outcome for your case

Retirement and pension benefits are considered marital property in Arkansas, and as such, they are subject to equitable distribution in a divorce. The court will consider a variety of factors, such as the length of the marriage and the contributions of each spouse to the accumulation of the retirement or pension benefits, in determining the division of these assets.

The most common way to divide retirement and pension benefits is through a Qualified Domestic Relations Order (QDRO), which is a court order that directs the plan administrator to divide the benefits between the parties. The QDRO must be prepared and approved by the court, and it must comply with the terms of the retirement or pension plan.

Once the QDRO has been approved, the plan administrator will distribute the benefits in accordance with the terms of the order. The non-employee spouse may be entitled to a percentage of the employee spouse’s benefits, or the benefits may be divided into separate accounts for each spouse.

It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to retirement and pension benefits and who can advise you on the most effective strategies for achieving a fair and reasonable division of these assets. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

In Arkansas, alimony, also known as spousal support, may be awarded to one spouse based on the financial needs of that spouse and the ability of the other spouse to pay. The court will consider a variety of factors when making a determination on alimony, including:

• The length of the marriage
• The financial resources and earning capacity of each spouse
• The contributions of each spouse to the marriage, including both economic and non-economic contributions
• The age and health of each spouse
• The standard of living established during the marriage
• The education and training of each spouse

In some cases, the court may award temporary alimony during the pendency of the divorce proceedings, to help support the spouse who is in need of financial assistance. The court may also order permanent or rehabilitative alimony, depending on the specific circumstances of the case.

It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to alimony and who can advise you on the most effective strategies for achieving a fair and reasonable alimony arrangement. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

In Arkansas, both parents have a legal obligation to support their children, and this obligation continues after a divorce. Child support is calculated based on the Arkansas Family Support Chart, which takes into account the income of both parents and the number of children to be supported.

You can use our Arkansas Child Support Calculator

The court may also consider other factors, such as the cost of health insurance, child care, and education. Once the court has determined the amount of child support to be paid, it will issue an order requiring the non-custodial parent to make regular payments to the custodial parent.

The non-custodial parent may also be required to provide health insurance for the child, and to share in the cost of any uncovered medical expenses. In addition, the court may order the non-custodial parent to contribute to the child’s educational expenses, such as tuition, books, and supplies.

If the non-custodial parent fails to make the required child support payments, the custodial parent may seek enforcement of the court order, which can result in penalties such as wage garnishment, seizure of assets, or even jail time.

It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to child support and who can advise you on the most effective strategies for achieving a fair and reasonable child support arrangement. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

In Arkansas, child custody is determined based on the best interests of the child. The court will consider a variety of factors, such as:

• The child’s wishes
• The relationship between the child and each parent
• The mental and physical health of each parent
• The ability of each parent to provide for the child’s basic needs
• The child’s adjustment to his or her home, school, and community
• The presence of any domestic violence or other forms of abuse

There are two types of custody in Arkansas: legal custody and physical custody. Legal custody refers to the right to make important decisions regarding the child’s upbringing, such as decisions regarding education, medical care, and religion. Physical custody refers to the right to have the child live with a particular parent.

In most cases, the court will encourage both parents to share in the legal and physical custody of the child, provided that this is in the child’s best interests. However, in cases where there is evidence of abuse or neglect, the court may award sole custody to one parent.

If the parties are unable to agree on a custody arrangement, the court will make a determination based on the evidence presented at a hearing. It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to child custody and who can advise you on the most effective strategies for achieving a custody arrangement that is in the best interests of your child. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

In Arkansas, property division in a divorce is governed by the principle of equitable distribution, which means that the court will divide the marital property in a manner that is fair and reasonable, taking into account a variety of factors, such as:

• The length of the marriage
• The age and health of each spouse
• The income and earning potential of each spouse
• The contribution of each spouse to the marital estate
• The needs of any children involved
• The tax consequences of the property division

Marital property in Arkansas is defined as all property acquired by either spouse during the course of the marriage, with some exceptions for property that was acquired by gift or inheritance, or that was owned by one spouse prior to the marriage. Non-marital property is generally not subject to division in a divorce.

If the parties are unable to agree on the terms of property division, the court will make a determination based on the evidence presented at a hearing. The court has broad discretion in making these decisions, and the outcome will depend on the specific facts of each case.

It’s important to work with an experienced Arkansas divorce attorney who can help you understand your rights and obligations with respect to property division and who can advise you on the most effective strategies for achieving a fair outcome. An attorney can also help you negotiate with your spouse and reach a settlement that is acceptable to both parties, which can be less costly and less stressful than going to court.

Yes, you can change your name during a divorce in Arkansas.

The process for changing your name during a divorce is relatively simple. Once your divorce has been finalized and the judge has signed your Decree of Divorce, you can take a certified copy of the Decree to the Arkansas Department of Health’s Office of Vital Records to request a new birth certificate with your new name.

You will also need to update your name with other agencies, such as the Social Security Administration, the Department of Motor Vehicles, and your bank and credit card companies. It’s important to note that changing your name can be a time-consuming and potentially expensive process, and you should carefully consider the implications before making the decision to change your name.

If you are considering changing your name during a divorce in Arkansas, it’s important to discuss your options with an experienced Arkansas divorce attorney who can advise you on the legal requirements and potential risks associated with a name change, and help you achieve the best possible outcome for your case.

Mediation is a process in which a neutral third party, called a mediator, assists the parties in reaching a mutually acceptable agreement on the terms of their divorce. Mediation can be a less costly and less adversarial alternative to litigating a divorce in court.

In Arkansas, mediation is often used in divorce cases to help the parties resolve issues such as property division, alimony, and child custody. The mediator is trained to facilitate communication between the parties, identify areas of agreement and disagreement, and help the parties develop creative solutions to reach a settlement that works for both parties.

Mediation is not mandatory in Arkansas, but it may be required by the court in some cases. For example, the court may order mediation if the parties are unable to reach an agreement on the terms of the divorce or if there are contested issues that need to be resolved before the divorce can be finalized.

It’s important to note that mediation is not appropriate for all cases, particularly in cases involving domestic violence or other forms of abuse. In addition, while mediation can be a useful tool for resolving disputes, it is not always successful, and parties may still need to pursue litigation in court to resolve their issues.

If you are considering divorce in Arkansas, it’s important to discuss your options with an experienced Arkansas divorce attorney who can advise you on the benefits and risks of mediation and help you achieve the best possible outcome for your case.

In Arkansas, an annulment is a legal process that declares a marriage to be invalid from the beginning as if it never occurred. An annulment is different from a divorce, which is the legal process of ending a valid marriage.

There are several grounds for annulment in Arkansas, including:

• One or both parties were underage at the time of the marriage and did not have the consent of their parents or legal guardians.
• One or both parties lacked the mental capacity to consent to the marriage.
• The marriage was entered into under duress, fraud, or coercion.
• One or both parties were already married to someone else at the time of the marriage.
• The parties are closely related by blood.

It’s important to note that annulment is only available in limited circumstances, and it may not be an option for everyone seeking to end a marriage. In addition, annulment proceedings can be complex and may require additional evidence and court hearings to prove the grounds for annulment.

If you are considering an annulment in Arkansas, it’s important to consult with an experienced Arkansas family law attorney who can advise you on the specific grounds for annulment applicable to your case and help you achieve the best possible outcome for your situation.

To file for divorce in Arkansas, either you or your spouse must have been a resident of the state for at least 60 days prior to filing the Complaint for Divorce. This means that you or your spouse must have physically lived in Arkansas for a continuous 60-day period immediately preceding the filing of the Complaint for Divorce.

If you or your spouse are a member of the armed forces and are stationed in Arkansas, you may be considered a resident for the purposes of filing for divorce, even if you have not resided in the state for the full 60-day period.

It’s important to note that meeting the residency requirement is just one of the many factors to consider when filing for divorce in Arkansas. Other issues such as property division, alimony, child custody, and child support may also come into play, and it’s important to consult with an experienced Arkansas divorce attorney who can advise you on the specific laws and procedures applicable to your case.