Divorce, also known as dissolution of marriage, is the legal process of ending a marriage. The process can be emotionally and financially taxing, and it is important to have experienced legal representation to guide you through the process.
In Arkansas, a divorce can be filed based on a number of grounds. No-fault divorce is not allowed, but Arkansas does allow divorce when the couple has lived separate and apart for 18 months without cohabitation.
Once the divorce petition is filed, the court will hold a series of hearings to address the division of assets and debts, spousal support and/or alimony and child custody and support. It is important to note that Arkansas is an "equitable division" state, which means that the court will divide the property in a fair and reasonable way, although not necessarily equally. The court will also make the decision about child custody, considering the best interest of the child or children.
When a couple gets divorced in Arkansas, the court will consider whether one spouse should pay alimony or spousal support to the other. Alimony is financial support that one spouse pays to the other during or after a divorce. The goal of alimony is to ensure that both spouses are able to maintain a similar standard of living after the divorce.
In Arkansas, the court will consider various factors when determining whether alimony should be awarded and the amount and duration of the support, including:
- The length of the marriage
- The earning capacity and financial resources of each spouse
- The age and health of each spouse
- The education and vocational skills of each spouse
- The contributions of each spouse to the marriage, including non-monetary contributions such as child-rearing and homemaking
- The marital standard of living
- The conduct of the parties during the marriage
- The financial needs and obligations of each spouse
There are different types of alimony that can be awarded in Arkansas, including:
- Rehabilitative alimony: This is awarded to help a spouse get back on their feet after the divorce and become self-sufficient. It is usually awarded for a specific period of time, such as a few years, and can be adjusted or terminated if the recipient remarries or the payer's financial situation changes.
- Permanent alimony: This is awarded in cases where the recipient will never be able to become self-sufficient. It is usually awarded in long-term marriages and it may continue for the recipient's lifetime.
- Lump-sum alimony: This is a one-time payment of a certain amount and is not modifiable.
It is important to note that alimony is not automatically awarded in every divorce case and is generally disfavored in Arkansas. Whether it is ordered will depend on the specific facts and circumstances of each case, particularly the need of one party and the ability to pay by the other. Additionally, alimony can be modified or terminated by the court if there is a significant change in circumstances of either party.
Our law firm has a team of experienced attorneys who can help you navigate the complexities of alimony and spousal support in Arkansas. We can help you understand your rights and options, negotiate a fair alimony agreement, and represent you in court if necessary. If you have any question or concern about alimony during or after a divorce case, please do not hesitate to contact us to schedule a consultation.
If you and your spouse are able to reach an agreement on the terms of your divorce, the court may approve it in the form of a settlement agreement. However, if you are unable to reach an agreement, the court will make the decisions for you.
Our law firm has a team of experienced attorneys who can help you navigate the complexities of divorce law in Arkansas. We can help you understand your rights and options, negotiate a settlement agreement, and represent you in court if necessary.
If you are facing a divorce, or have any questions about the divorce process in Arkansas, please do not hesitate to contact us to schedule a consultation.