Divorces can, by nature, be uncomfortable, complicated and challenging. If you anticipate that your marriage might be heading for divorce, you will need reliable information on which to make decisions about your future. Following are six questions people in Northwest Arkansas commonly ask about the divorce process.
1. Will I Have To Go to Court To Get Divorced?
The court finalizes all divorces in Fayetteville as a matter of legal procedure; however, in many cases, an experienced local attorney can take care of this process so that you do not have to step foot in a courtroom.
All divorces require testimony establishing when the marriage began, when you separated, and details of your marriage. If you and your spouse can sort out significant issues – custody, child support, division of assets, and debt – you may not have to go to court. Sometimes a court will accept a written statement from you and a witness along with a settlement agreement signed by you and your spouse in lieu of actually going to court.
2. How Long Does It Take To Get Divorced in Arkansas?
The divorce process in Arkansas can be finalized in as little as a month after filing if both parties work amicably through the terms of the divorce settlement and one party has lived in Arkansas at least sixty days prior to filing for divorce. Of course, the longer it takes you and your spouse to agree on terms, the longer it takes to finalize your divorce.
3. What’s the Difference Between a Contested and Uncontested Divorce?
Contest means to disagree. In a contested divorce, one or both parties refuse to cooperate or compromise, whether that is over a single issue, several issues, or every issue.
In some cases, the party not seeking divorce may wish to reconcile. Often, a contested divorce involves child custody or support, but no matter the issue, a contested divorce is more challenging, time-consuming, and costly to resolve.
In an uncontested divorce, both parties agree to dissolve the marriage and mutually agree on all decisions. Uncontested divorces save both parties and children much stress, time, and expense.
4. Do Both Spouses Need a Lawyer?
While filing a divorce in Arkansas does not require legal representation, it is highly recommended that you engage counsel to represent your interests. Since the involved parties often have disparate needs, spouses are wise to have individual representation to avoid conflict of interest.
Choosing a divorce attorney who has a comprehensive understanding of Arkansas family law can help facilitate the process, reduce tension, and maintain communication and timeliness when spouses do not speak directly to each other.
5. How Does a Divorce Lawyer Do Help You?
Your divorce attorney assists you through each step of the marriage dissolution process and will help you make informed decisions about distributing marital property, assets, and debts. Your attorney can help ensure that you are awarded your fair share of marital assets and property as part of your divorce settlement.
Your attorney will also be able to help you seek or defend against spousal support or alimony. Not all divorces involve spousal support, but an attorney can offer an objective perspective on this often heated topic.
Your attorney can also help you with issues regarding custody of your children, when visitations will occur, and who will make decisions regarding your children’s care and health.
6. What Should I Bring to My Consultation?
Bring any prenuptial or postnuptial agreements and financial records such as pay stubs and tax returns to your initial consultation. If you feel it’s appropriate, you can also bring any incriminating or other evidence you may wish to use against your spouse, including photographs, social media exchanges, or receipts.
You should also make a list of any questions you may have regarding the divorce process and what to expect from your case to bring to your consultation.
Contact a Divorce Lawyer in Fayetteville
Divorces can, by nature, be uncomfortable, complicated and challenging. The Law Group of Northwest Arkansas LLP has the experience and understanding to help you move through the divorce process as easily as possible, and we are available to answer your questions. Contact us at 1-479-316-3760 or schedule your initial consultation -->