Divorce Attorney in
Little Rock, Arkansas

Arkansas is among the states with the highest divorce rates in the United States. According to the U.S. Census Bureau, Arkansas had a divorce rate of 13.0 percent in 2018. A dissolution of marriage can have significant long-lasting consequences on your family, your assets, and your finances. Considering its psychological and emotional effects, a person going through a divorce or legal separation can easily make irreversible mistakes during the legal proceedings, especially without proper guidance.

If you live in Arkansas and are considering filing for a divorce or you've just been served with divorce papers, it is important that you consult with a knowledgeable Arkansas family law attorney immediately for detailed guidance and representation. Scholl Law Firm is dedicated to offering comprehensive legal services and helping clients through the difficult transitions in their lives. Attorney Scott A. Scholl can help you understand your possible options and offer you the experienced advocacy you need to resolve matters of property division, spousal maintenance, child custody, and child support.

Scholl Law Firm is proud to serve individuals and families throughout Little Rock and Conway, Arkansas.

Divorce in Arkansas

Under Arkansas Code Section 9-12-301, a no-fault divorce shall be granted "when a husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation."

In addition, either party may file a fault divorce on the grounds of:

  • Impotency
  • A conviction for a felony or other infamous crime
  • Cruel and barbarous treatment that endangers their partner's life
  • Habitual drunkenness for at least one year
  • Adultery subsequent to the marriage
  • Indignities that render the partner's condition intolerable
  • Incurable insanity

To file for Arkansas divorce, one of the spouses must be living in the state of Arkansas for at least 60 days prior to filing.

Contested vs. Uncontested Divorce

Generally, Arkansas divorces are categorized into two — contested and uncontested divorce.

Contested Divorce

In a contested divorce, both spouses are unable to agree on one or more essential divorce settlement terms. Settling such divorce issues will require a court hearing, where the judge will issue a final decree.

Uncontested Divorce

Conversely, in an uncontested divorce, both spouses mutually agree on the essential divorce settlement terms, including property division, spousal maintenance, child support, custody, tax deductions, and parenting time, usually with the help of a mediator. The agreed-upon divorce terms will be filed with the Arkansas court to be officially approved.

Spousal Support

Alimony or spousal maintenance is a court-ordered payment from the higher earner to the lower- or non-earner to help the receiving spouse cover living expenses and maintain something similar to their marital standard of living for a certain period. Arkansas courts will only award alimony when one spouse has a financial need, and the other spouse is able to pay spousal maintenance. 

Factors considered when determining the amount, type, and duration of spousal maintenance include:

  • The duration of the marriage
  • The assets, resources, and debts of each spouse, including any award of marital property
  • The marital standard of living
  • The current and potential income of each spouse, including future earning ability

Division of Property

Arkansas is an equitable distribution state. In a contested divorce, the judge will divide the marital property fairly and equitably. Marital property includes all assets and real property acquired, debt incurred, or income earned by both spouses during the marriage. The following factors may be considered by the judge during property division:

  • The duration of the marriage
  • The age, mental, and physical health of each spouse
  • The occupation, vocational skills, and employability of each spouse
  • The sources of income of each spouse
  • The amount of available income
  • Each spouse's estate, liabilities, and needs
  • The contribution of each spouse to the acquisition, preservation, or appreciation of the marital property
  • The consequences of federal income tax on the property division

Child Custody & Support

In Arkansas, legal custody and physical custody are determined by what is in the child's best interest. However, only the noncustodial parent will be required to pay child support. The following factors are usually considered when awarding child custody:

  • The child's preference for custody
  • The parent's work schedules and home environments
  • Each parent's available financial resources
  • The character of both parents
  • Whether the siblings of the child reside with the parent
  • Each parent's respective caring roles
  • The ability of both parents to communicate and cooperate
  • Allegations of drug use, addiction, misconduct, neglect, or abuse against any of the parents

The amount of child support is established using specific state guidelines.

Divorce Attorney in Little Rock, Arkansas

Filing for divorce in Arkansas involves several complexities. Trying to negotiate a divorce settlement with your estranged spouse and resolving issues of property division, child custody, and parenting time can make the entire legal proceedings even more complicated. An experienced Arkansas family law attorney can help simplify the process and offer you the detailed guidance you need to navigate key decisions.

Scholl Law Firm is devoted to offering experienced legal services and comprehensive representation in a wide range of family law matters involving divorce, spousal maintenance, child custody, and asset division. I will work thoughtfully and carefully with all parties involved to ensure that all divorce issues and relationship differences are settled as quickly and peacefully as possible.

As a knowledgeable Arkansas divorce attorney, I can review your unique circumstances and help you determine the best course of action. I will fight compassionately to protect the legal rights and best interests of both you and your children and ensure that the transition is as seamless as possible. Attorney Scott A. Scholl can offer you with comprehensive legal counsel and support you need and work diligently to help every party involved to move forward amicably.

Experienced Divorce Attorney Serving
Little Rock, Arkansas

If you are considering filing for divorce or have just been served with divorce papers, contact Scholl Law Firm today to schedule a free one-on-one consultation. Attorney Scott A. Scholl will help you understand all of your possible legal options and provide you with the knowledgeable legal guidance, advocacy, and support you need to navigate the complex divorce proceedings. He proudly represents clients throughout Little Rock and Conway, AR.