In This Article, You Will Discover…
- What options divorcing couples have in Arkansas.
- How alimony is determined.
- The timeline for the divorce process.
- And more!
When Couples Decide To Divorce In Arkansas, What Are The Options To Proceed?
There are several options for divorce in Arkansas, depending on the parties’ communication capabilities and preferences.
- If the individuals can reach an agreement, they can hire a lawyer to complete and submit the legal paperwork for court approval.
- If they cannot reach an agreement, they usually both get lawyers, engage in the discovery process, and participate in settlement negotiations.
While fairly rare in Arkansas and very expensive, mediation is always an option. Most of the divorces in Arkansas are done without mediation, but there are various settlement negotiations in which the lawyers meet and try to come to an agreement that way.
Is There Any Benefit To Filing For Divorce Before Your Spouse In Arkansas?
It doesn’t matter who files for divorce first in Arkansas. However, if you live in different counties, the proceedings will occur in the county of whoever initially filed.
If you file first and have the petition drawn up, it may go through as you intended if the other side just decides it’s not worth the expense of fighting it. Other than that, there’s no advantage in filing first.
Is There A Timeline For Filing A Divorce?
There is a timeline for filing a divorce in Arkansas. Your divorce attorney will file the divorce with the court. The other party will either be served or sign a waiver. Then, there’s a 30-day waiting period in Arkansas.
You can finalize the divorce after 30 days if everything is agreed upon. If there are any discrepancies, the case is set for trial, and preparations for court begin with your attorney. In the meantime, you can negotiate and often settle before the trial date.
Is There A Set Standard For Alimony In Arkansas?
Because there is not a set standard for alimony under Arkansas law, the court uses the following criteria to determine eligibility and amount:
- Necessity
- The spouse’s ability to pay
- The standard of living
- The length of the marriage
- The ability of each party to earn income
- The assets of each party from other sources
- Age
- Work Experience
- Health
- And more…
Alimony is regarded on a case-by-case basis and customized per the judge. Judges have different attitudes toward alimony and various ways of addressing it, which will factor into the outcome.
How Is Child Support Determined In Arkansas When A Couple Is Divorcing Or Separating?
Before the age of 18, children with separated parents cannot decide where they want to live. However, the older they are, the more the judge will consider their wishes and their reasons for them.
If the child gives adequate reasons that they want to live with a certain spouse, the judge will consider that very strongly. On the other hand, if the reasons seem inconsequential, the judge may not consider their wishes as much.
How Is Child Support Determined?
In Arkansas, a preset formula that considers both parties’ incomes determines child support. With the guidance of a skilled attorney for Divorce Law, you can have the peace of mind that comes with knowing that we’ll make it look easy.
More Information
- Preparing For A Divorce In Arkansas
- Navigating Family Law Matters In Arkansas
- Division Of Assets & Debts In An Arkansas Divorce
- Navigating Arkansas Divorce & Family Law Issues
- Settling Divorce Matters In Arkansas
- FAQ: What To Expect During A Divorce In Arkansas
- Dealing With An Impending Divorce In Arkansas
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