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ARKANSAS DIVORCE LAWYER                        501-353-0371

Going through a divorce can be one of the most stressful experiences in a
person’s life. Your attorney’s guidance through all of the stages of a divorce
should make this most difficult time a little easier.


Most common mistake divorcees make:

Not hiring an attorney before filing for divorce. 

Even if you and your spouse are willing to come to an agreement, and wish
to seek an uncontested divorce, you still need to obtain an attorney. Your
attorney can assure all of the necessary documents are filed in court, and
a divorce is obtained without delay or incident.

Affordable uncontested divorce attorney


If your spouse has obtained counsel, you should likewise have someone
representing your best interests in court. Your spouse’s attorney will not
be looking out for your interests, and can not give you any legal advice.

You will likely save thousands of dollars in attorney fees if you obtain an
attorney before filing for divorce. I get a number of calls from people with
post decree issues (after divorce), which may never have arisen if a competent
family law attorney had been hired from the beginning. 

Going through a divorce is stressful enough, and your stress level only
increases with the thought of appearing before a judge in court. Your
attorney will be able to prepare you prior to all court proceedings which
will decrease your anxiety level and give you confidence before court. 
 


How long will it take to get divorced in Arkansas?

There is no magic answer - the length of time varies from case to case.
Generally, if the divorce is uncontested, it will take forty-five to sixty days
from the date of filing. If the divorce is contested, the length of time varies
considerably and depends on a number of factors. A divorce involving a child
custody dispute may be pending for nine months or so. For a property dispute,
it may take nearly a year before the divorce is finalized.



CUSTODY

Arkansas Law does not favor based on sex of parent

The law demands that an award of custody be made without regard to the sex
of a parent, but solely in accordance with the best interests of the child. In
today’s world
, fathers are encouraged to come forward and pursue custody as
the Arkansas courts are much friendlier towards father’s rights than they were
in the past.

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Nicki's Tidbits for Divorce in Arkansas

Residency

One of the parties must be a resident of the State for at least sixty days
prior to the filing of a complaint for divorce.

 
Venue

A divorce action may be pursued either in the county where complainant resides
or the county where the defendant resides. The process may be directed to another
county where neither party resides as long as both parties agree to such.

 
Separation

You and your spouse do not have to be living in separate households before filing
the complaint for divorce. But, you must be separated before the entry of the divorce
decree. Specifically, a court will not grant a divorce unless you and your spouse have
been separated for thirty days prior to the entry of the divorce decree. In other words,
thirty days before your final divorce hearing, you must be living separate and apart
from your spouse. 


Arkansas is not a no-fault state!

You must have grounds for divorce if you are seeking a divorce. Thus, you must be
able to articulate why you are seeking a divorce. Contact the office today for further
details about the different grounds for divorce in Arkansas.

 
Thirty-day cooling off period:

A divorce can not be granted until at least thirty days have elapsed from the date of 
the filing of the complaint.


Property Division
 

Fault in a divorce plays no role in the division of property! For example, the fact that
your spouse committed adultery is not a factor in deciding how property will be divided.

Marital property will be distributed one-half to each party, unless that division is
inequitable. The court may take into consideration a number of factors when dividing
property, including length of marriage, age, occupation, skills, and employability
(list not exclusive).

Unvested retirement accounts are not divisible upon divorce in Arkansas. Vested
retirement accounts are divisible upon divorce in Arkansas.


If you have questions please call and schedule a free initial consulation - 501-353-0371
Email
- nicki@nicololaw.com

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