Moving on from the life you once had, especially for the betterment of your character, environment, peace of mind, and family, is a well-made decision. Divorce has been, at least, the last resort for them to ease away the pain they are experiencing in their homes. They either feel threatened, abused, unloved, assaulted, or harassed by their spouse.
However, the decision-making when you want a divorce does not happen overnight. It is a slow-burning process then, eventually, it will blow up. No one wakes up the next and says they will leave the other person with no valid reason. The court will not also grant the divorce if you do not have sufficient grounds to divorce.
In Little Rock, AR, families are valued here. They are the foundation and the smallest unit of society for the continuity of progression. But, human tendencies get in the way. Some of them have anger management issues; others tend to harm another person under the influence of alcohol or other stimulants; the factors are many. They are making their spouses leave them due to these reasons.
If you are in a situation where you want to file a divorce against your spouse, the Law Office of Geoffrey D. Kearney, PLLC is here to assist you. In our law firm, our divorce attorney can guide you throughout the process and get the right pieces of evidence and strategy so you can be divorced. Fill out our contact form or call us at (870) 376-3068 to talk to our family law attorney so we can review your case.
If you live within the Little Rock area and want to file a divorce due to some reasons like adultery, seek legal advice first from our divorce lawyer at our Little Rock law office. Call our family law attorneys and avail of our free consultations. The Law Office of Geoffrey D. Kearney, PLLC provides legal representation for those who want a divorce. Here are some ways our Little Rock attorneys can do for your divorce case:
Rest assured that we can settle these matters accordingly:
Pick up your phone now and call the Law Office of Geoffrey Kearney, PLLC to explore our legal services.
If your decision is final to break away from your relationship with your spouse, there are things that you need to know about divorce in Little Rock, Arkansas. The requirements vary from state to state. Listed below are some of the essential things you need to know about the Divorce Law in Arkansas.
According to the Arkansas Code 9-12-307(a)(1)(A and B), the minimum residency requirement before filing a divorce in Little Rock is two months or sixty days. Additionally, you need a full three months before the judge can release the final verdict of the divorce.
Before anyone can file for divorce, one must have valid reasons. Proving these reasons strengthens your divorce case, which increases the chance of your divorce being granted by the judge. There are two bases for divorce in Little Rock, AR: no-fault and fault-based grounds.
A situation is considered no-fault ground if the married couple decides to end the commitment for personal reasons. Separation is the most common and probably the only ground for a no-fault situation. If you and your spouse are separated continuously for over 18 months, you have a no-fault ground.
These are commonly committed, and either of the spouses has the responsibility. These grounds should happen five years before filing a divorce and have occurred in Arkansas too. However, if these grounds happened outside Arkansas, the law in that state will also be honored by the Arkansas Law. Fault-based grounds cover:
There are also two paths to getting divorced. The first one is the uncontested divorce which is the least expensive and the smoothest. This is the easiest because both parties agreed to be divorced; there are no objectives on behalf of the party.
For this, you need to file a divorce complaint in the County where your spouse lives - if you're not living together. After that, a hearing will commence. If both of you testified that you want to be divorced, the parties would submit a settlement agreement approved by the judge.
The other path is more challenging because it takes more time, money, and effort. Also, if one of the participants does not agree or doesn't want to participate in the divorce, it can stretch the time. This is addressed as a contested divorce.
A contested divorce is lengthy. It is tedious to collect evidence such as witnesses, photos, videos, and other relevant materials to make the case stronger. There will be a process in which family law attorneys will agree on child custody, assets, and alimony.
If the mediation does not work, a trial will happen where the judge will call the evidence and witnesses. From that, the judge will make a ruling regarding the above-mentioned responsibilities.
In Little Rock, Arkansas, when two persons are divorced, all the marital property they bought or earned during their marriage will be split on an equitable basis. That means each party gets half of the accumulated assets; unless the court finds a division inequitable. Furthermore, other properties owned before the marriage must be returned to the rightful owner.
However, that's not always the case. If the judge believes that the division is unfair, it will go down in these factors:
Under the Arkansas Family Law, child support is calculated on a percentage basis. That means that the parent who does not have custody of the child should send child support according to their income percentages. Another support must be met after filing a divorce; we call it alimony in legal terms. It is an order of the court obligating you to send your former spouse financial support after the separation or divorce.
Arkansas has three types of alimony: temporary, rehabilitative, and permanent. Temporary alimony is short-term as it only lasts through the process of trial while the divorce is being finalized. Rehabilitative alimony is the medium-term, which sends support to get the education or training the former spouses need to fend for themselves. And lastly, the permanent alimony. This is long-term and lasts a lifetime but happens very rarely.
If the court has already settled the divorce, the child's custody should be made. It is awarded regardless of sex or any other factors. The primary purpose of child custody is the welfare and the child's best interest. The court will consider the children's preference in awarding the custody, given that they can reason out per the Family Law.
The legal representation in Arkansas depends on many things. The primary determinant of the fee is how much the other party is willing to contest the divorce and their reasons why. An experienced attorney can range from $300 - $1000 per hour or more, depending on the contest. A filing fee is also paid for such cases.
Legal issues such as divorce are legally finalized in four to six months. However, it may take longer if things need to be settled other than divorce — family matters like child custody, support, and other concerns.
Hiring family law attorneys in Little Rock depends on the situation. You don't have to hire divorce attorneys if you and your spouse do not have anything to settle with like lands, houses, children, or personal property.
You can proceed to your county clerk for the paperwork you need from Legal Aid of Arkansas. However, if you have assets and children that need settlement or agreement, you must hire a family court lawyer. In this case, the matter will be brought to court. It will be reviewed and decided by the judge on how things will be divided. This legal issue can be technical, and you need to protect your rights.
In Arkansas, it does not matter who filed for the divorce first. Since both parties will have the chance to explain or deny each other's claims; however, the one who filed the divorce must present valid grounds for the divorce.
An uncontested divorce is a unanimous decision of both parties that they want to be divorced. It is lopsided and does not need any lengthy and exhaustive process to proceed with the matter. Contrary to the contested divorce, the uncontested always converge because they agreed on the terms and settlements after the court decision.
If your spouse or partner does not want to divorce, it falls under the category of a contested divorce. A contested divorce is when the other spouse does not want to agree to the settlement and decision of the other party. You have to prove the grounds so the divorce will be granted.
Filing a divorce is a decision that both parties will make. You can come to our Little Rock office for a divorce consultation if you have second thoughts regarding your divorce. Our top Little Rock divorce attorney at the Law Office of Geoffrey D. Kearney, PLLC will scrutinize your divorce case and provide actionable legal advice. Fill out our contact form or call us at (870) 376-3068 for any family law settlements and avail of our free consultation.
We would love the opportunity to hear about your case and provide personalize attention where needed most.
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