Benton County Divorce Lawyer
Grounds for Divorce in Arkansas
In Arkansas, the fault-based grounds for divorce are:
- General Indignities - This is the most common ground for divorce in Arkansas and refers to conduct that makes it unbearable for one spouse to continue living with the other spouse.
- Adultery - This means that one spouse has engaged in sexual intercourse with someone other than their spouse subsequent to the marriage.
- Conviction of a felony - This means that one spouse has been convicted of a felony.
- Habitual drunkenness - Where a spouse, for a period of one (1) year, has a habit of drinking until intoxicated, and that drinking has caused problems in the marriage.
- Impotency - This means that one spouse was unable to have sexual intercourse at the time of the marriage and still is unable to do so.
- Cruel and barbarous treatment - This means that one spouse has subjected the other spouse to physical or emotional abuse that endangers their safety or health.
- Lack of support - When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.
The only no-fault ground for divorce in Arkansas is when you and your spouse have lived separately for a continuous period of 18 months or more.
Contact Your Divorce Attorney
Many pivotal issues can arise in a divorce. Whether you have made the decision to move on or your spouse has filed for divorce, the choice of which divorce lawyer you hire may impact the rest of your life. It’s important to be fully aware of your legal rights and options as you work through a divorce. The best thing you can do is let an experienced divorce attorney advocate on your behalf.
We will handle every aspect of your contested or uncontested divorce. We’ll stand by your side from the moment you file until a judge formally dissolves your marriage. We’ll help you determine what’s most important to you and fight to make sure that you get it.
How is Child Support Determined?
In Arkansas, child support is determined based on the Arkansas Child Support Guidelines. The guidelines take into account the income of both parents and the number of children for whom support is being ordered.
The following factors are considered in determining the amount of child support:
- Gross monthly income of both parents
- Number of children for whom support is being ordered
- Health insurance costs for the children
- Child care costs
- Any extraordinary expenses for the children, such as education or medical expenses
The guidelines provide a formula for calculating the basic child support obligation, which is then divided between the parents based on their relative income levels. The court may deviate from the guidelines if there are exceptional circumstances that make the guideline amount unjust or inappropriate.
It is important to note that the court has the final say in determining the amount of child support, and that the guidelines are only meant to provide guidance in the calculation of child support. A divorce lawyer can help advise you on the child support guidelines and assist you in negotiating an agreement with your spouse or in arguing for a deviation from the guidelines in court.
What to Expect When Filing a Divorce?
The divorce process can vary depending on the specific circumstances of the case and whether the divorce is contested or uncontested. However, in general, the divorce process typically involves the following steps:
- Filing a complaint - One spouse, referred to as the plaintiff, files a complaint for divorce in the appropriate court. The complaint will include information about the marriage, the grounds for divorce, and the requested relief.
- Service of process - The complaint must be served on the other spouse, known as the defendant. This can be done through personal service, or in some cases, by mail or publication.
- Answer - The defendant has a specified time to file an answer to the complaint. The answer can include an agreement with the complaint or a counter-complaint, in which the defendant requests relief or raises counterclaims.
- Discovery - This is the process of gathering information and evidence to support each spouse's position. This may include the exchange of financial information, such as tax returns and bank statements, and the taking of depositions.
- Mediation - Sometimes the parties are required to attend mediation before going to court. Mediation is a process where a neutral third-party mediator helps the parties reach a mutually agreed-upon resolution.
- Trial - If the parties cannot reach an agreement, the case will proceed to trial. The court will hear evidence and testimony from both sides and make a decision on the issues in the divorce, such as property division, child custody, and spousal support.
- Final judgment - After the trial, the court will issue a final judgment, which will include the court's ruling on all of the issues in the divorce.
It's important to note that the divorce process can be complex and can take several months to complete. Hiring an experienced divorce attorney can help ensure that your rights and interests are protected throughout the process.
Contested Divorce
Contested Divorce
Contested Divorce
We understand that going through a contested divorce can be a difficult and emotional time, and we are here to provide you with the support and guidance you need. Lucas Law Firm will work tirelessly to ensure that your rights are protected, and that your goals for custody of your children are met, and that your property and finances are fairly divided.
Child Support
Contested Divorce
Contested Divorce
Whether you are seeking to establish child support, modify an existing order, or enforce a child support obligation, we will work tirelessly to ensure that your rights are protected and that your children receive the support they need.
Property Division
Contested Divorce
Property Division
Don't let the division of property become a source of stress and uncertainty during your divorce. We know that the division of property and assets can be a major concern in a divorce, and we are here to ensure that your property, finances, and investments are fairly divided, and that your rights are protected.
Spousal Support
Uncontested Divorce
Property Division
We handle complex spousal support cases and are committed to achieving the best possible outcome for our clients.
Child Custody
Uncontested Divorce
Uncontested Divorce
If you are going through a child custody dispute, it is often helpful to have the guidance and representation of an experienced attorney. A child custody lawyer can help you understand your legal rights and obligations, negotiate with the other party on your behalf, and represent you in court if necessary.
Uncontested Divorce
Uncontested Divorce
Uncontested Divorce
There are times when spouses get divorced and see eye-to-eye on everything. You agree about how property should be divided and how custody of the kids should be arranged. When this happens, its called an uncontested divorce. An uncontested divorce tends to cost a lot less and can be finalized a lot quicker than a contested dispute.
Frequently Asked Questions
Please call us at (479) 372-1777 if you cannot find an answer to your question.
The cost of a divorce can vary greatly depending on several factors, including the complexity of the case and the method used to resolve disputes (such as mediation or litigation). Some people choose to represent themselves in a divorce, known as pro se representation, to save on legal costs. However, this approach can be complicated and time-consuming, and it may be in your best interest to seek the advice of a qualified attorney to ensure that your rights and interests are protected throughout the divorce process. Call us today to meet with a divorce lawyer and find out how much a divorce could cost based on the facts of your case.
A covenant marriage is a type of marriage that is recognized in a limited number of states, including Arkansas. It is a marriage in which the couple agrees to a higher level of commitment and a more limited ability to obtain a divorce.
In a covenant marriage, the couple must undergo premarital counseling and agree to specific conditions, such as the requirement to attend counseling in the event of marital problems. Additionally, in order to obtain a divorce in a covenant marriage, the couple must meet specific grounds, such as adultery, abuse, or abandonment. It's important to note that couples who enter into a covenant marriage can still obtain a divorce if they meet the required grounds, but the process may be more difficult and time-consuming than in a standard marriage.
In Arkansas, spousal support, also known as alimony, may be awarded in a divorce case when the court finds that one spouse is in need of financial support and the other spouse has the ability to pay. The purpose of spousal support is to provide a reasonable standard of living for the dependent spouse, taking into account the lifestyle that was established during the marriage.
When determining the award of spousal support, the court will consider several factors, including:
- The length of the marriage
- The ages and health of both spouses
- The earning capacities of both spouses
- The contributions of each spouse to the marriage, including non-financial contributions
- The property and financial resources of each spouse
- The standard of living established during the marriage
- The financial obligations of each spouse
It's important to note that spousal support is not automatically awarded in every divorce case in Arkansas, and the court has discretion to determine whether or not to award it and the amount to be awarded, if any. In some cases, an agreement between the spouses can be reached through negotiation or mediation, which can be less time-consuming and expensive than a court hearing. If you are facing a divorce and have questions about spousal support, it is recommended that you consult with a qualified divorce attorney for guidance.
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