Getting Valuable Answers About Divorce
Trying to pursue a divorce in Arkansas can be a challenge. Determining if you are eligible for divorce, dividing assets and creating custody agreements can be difficult, but there is help available. I am attorney Scott Scholl, and I want to use my decades of experience in Arkansas family law to answer some of your early questions about divorce. Here are a few of the answers you can expect to find at the Scholl Law Firm, PLLC.
Is Arkansas a no-fault state?
Arkansas does recognize no-fault divorce in limited circumstances. To obtain a no-fault divorce, the spouses need to live separately for at least 18 months with no cohabitation. If you have not met the 18-month separation requirement or are still living together, you will need to assert fault-based grounds in your marriage.
How long does it take to get divorced in Arkansas?
Once you meet the requirements for your divorce, you can reach a dissolution as early as 30 days from when you filed for divorce. However, if you have many shared assets and/or children or if there are other complications that must be resolved in court, it can take many months or even more than a year to resolve a divorce. A skilled attorney can help expedite the process.
Is Arkansas a community property state?
It is not. Instead, Arkansas uses equitable distribution, which functions a bit differently than community property. Equitable distribution ensures that marital property is distributed evenly during a divorce by classifying assets as either “marital property” or “separate property,” depending on the nature of the asset’s acquisition. The settlement may not be 50-50. but it cannot be unfairly lopsided.
Can adultery factor into my divorce?
Adultery is one of the eight grounds for fault in Arkansas, which gives you a valid reason to file for divorce. Aside from that, adultery does not impact any other facet of divorce, such as property division or child custody. It comes into play only if marital assets were expended on the affair (gifts, trips, hotels), in which case the court could force the cheating spouse to reimburse from their share of the estate.
What changed in Arkansas’ new child custody law?
As of April 2021, Arkansas’ family law statute shifts favor to a rebuttable presumption of joint custody. This profound change helps even the playing field for custody agreements, especially for involved fathers who under the old law were often relegated to occasional visitation with their children.
Does the court let children decide which parent to live with?
Courtrooms will consider an older child’s wishes while deciding on custody agreements. However, those wishes are not the final say in the matter. A judge will likely ask follow-up questions, like why they prefer to stay with one parent or the other.
How is military divorce different?
A divorce involving a military spouse still settles things in family court. There are some laws that protect the military spouse in a divorce, like the protection that keeps a military member from being ambushed by divorce while deployed. A military divorce also often requires addressing the division of military assets, like pensions and Thrift Savings Plans, and settling matters involving military health insurance.
Do I Need An Attorney For My Divorce?
Whether you are trying to settle your family law matter through collaboration or by contestation, you should have a skilled lawyer at your side. I can help you navigate your way through your divorce and answer any difficult questions you may have along the way. Contact my offices in Little Rock by calling 501-588-1148 or emailing me here to schedule your initial consultation today.