Common Misconceptions About Divorce

According to Statista, in 2018, there were 4.1 divorces per 1,000 inhabitants in Arkansas. Going through a divorce or legal separation can be an emotional and difficult experience. However, the false assumptions and misleading information surrounding divorce make it relatively easy to make mistakes without detailed guidance or representation.

Attorney Scott A. Scholl is committed to providing experienced legal guidance and advocacy to clients in family law-related matters, including divorce. As an experienced Arkansas family law attorney, he will help you understand your unique circumstances and explore your divorce options. Scott can fight to protect your rights and offer you the comprehensive legal counsel and advocacy you need to navigate the complexities of your divorce proceeding. Scholl Law Firm proudly serves clients throughout Little Rock and Conway, Arkansas.

Misconceptions About Divorce

Whether it is a divorce or legal separation, going through a marriage dissolution can be very unsettling. Unfortunately, the false assumptions and common misconceptions surrounding divorce make the process even more strenuous. Knowing the things to expect and being able to differentiate between facts and fiction can help make the divorce proceedings feel more manageable. Below are some common misconceptions about divorce and why they are false:

Misconception 1:
You have to get divorced in the same state in which you were married

You don't necessarily have to file for divorce in the state where you got married. In order to file for divorce in Arkansas, either you or your spouse must be a resident of the state for at least 60 days prior to filing. Also, you must continue living in the state for at least 30 days after filing.

Misconception 2:
If the other parent doesn't pay child support, I can withhold visitation

During a divorce, a child support order is often a separate issue from a visitation schedule. In case the noncustodial parent is not paying child support, the custodial parent cannot withhold visitation. If one party is delinquent on one or more obligations of the divorce order, the other party can either file a post-judgment modification motion or petition the Arkansas court by filing a contempt motion.

Misconception 3:
The mother is always awarded primary custody of the children

Trends in child custody awards show that the mother often gets primary custody of the children. However, this is not always the case. In a contested divorce where both parents can't agree on who will have child custody, the Arkansas court will award child custody in accordance with the welfare and best interest of the child (Arkansas Code Section 9-13-101). Some factors that may be considered include the preference of the child, the physical and mental health of each parent, the interrelationship between the child, parents, and other siblings, the ability of the child to adjust to a new place, and any evidence of domestic abuse or neglect.

Misconception 4:
Assets will all be split 50/50

Many people assume "equitable property distribution" means a 50/50 split. Rather, "equitable distribution" means that the court will try to divide the marital property between the spouses in a fair and equitable manner. The court will take several factors into consideration: the length of the marriage, family obligations and responsibilities of each spouse, the financial situation of each spouse, current and potential earning capacity of each spouse, and when and how the marital property was acquired.

Misconception 5:
If adultery was involved, the other spouse gets everything

In Arkansas, adultery is among the grounds for at-fault divorces. However, adultery doesn't directly affect the asset distribution aspect of the divorce settlement. The presiding judge may use the fault of one spouse to justify the injured spouse receiving a higher percentage. For instance, if the adulterous spouse spent the couple's finances on the extramarital affair, such as booking hotels, going on vacations, or purchasing expensive gifts and jewelry for the secret lover.

Get Help from an Experienced Divorce Attorney

Filing for divorce in Arkansas involves a lot of complex processes. Negotiating a divorce settlement, dividing assets, establishing spousal support, child custody, or child support with your ex-partner can make the process even more daunting. A knowledgeable Arkansas family law attorney can help you navigate key decisions and help you determine the best course of action for your unique circumstances.

For more than 20 years, attorney Scott A. Scholl has devoted his career to guiding clients through difficult transitions in their lives. As your attorney, he will review the circumstances surrounding your unique situation and educate you about your possible legal options.

As an experienced Arkansas divorce attorney, he will work diligently with all parties involved to negotiate a fair resolution and settle divorce issues quickly and peacefully. He will work to help protect your legal rights, your family, and your future, and make the transition as seamless as possible.

Contact Scholl Law Firm today to schedule a one-on-one case evaluation with a knowledgeable divorce attorney. Attorney Scott A. Scholl is proud to serve clients across Little Rock and Conway, Arkansas.

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