Divorce Lawyer
It’s always difficult when two people decide to go their separate ways. No matter how amicable the divorce may be, it always requires a delicate touch to navigate through the rough waters. If you are considering a divorce, consider the information below. Every divorce case is different and often can come with custody and child support considerations as well. If you are going through a divorce, be sure to choose a lawyer with an experienced point of view, and a firm, but delicate touch who can advise you through all of the emotional and legal complexities that go along with divorce. To talk to Stuart about your divorce case, schedule a FREE consultation today.
Divorce Lawyer in Bentonville, AR
A divorce is a legal court-issued decree that terminates a marriage, also known as marital dissolution. When a marriage is split, a divorce provides legal solutions for issues that the couple was unable to solve through cooperation. A divorce will establish new relations between parties, including duties relating to their owned property, support responsibilities, and any required provisions with their children.
Historically, when a divorce case was brought up, the court questioned whether or not they should grant a divorce, and if the divorce was granted, the following resolution generally included the wife being granted custody, while the husband was required to support the wife and children. In modern divorce laws, the courts have inverted their involvement, being that the question of granting a divorce is decided by either or both spouses, while the court is more involved with the legal ramifications of the divorce, such as child custody, child support, and spousal maintenance.
No-Fault Divorce
Originally, married couples had to provide an acceptable reason for why the court should allow them to end their marriage, since then no-fault divorce has become available in all 50 states and is often a simpler path to divorce. A no-fault divorce is a divorce that allows one spouse to file for divorce, without putting blame on the other, indicating that neither partner is at fault as the reason for divorce.
In the state of Arkansas, a no-fault divorce is only granted when the parties have been living separately and apart for 18 consecutive months, other options to file for divorce may include impotence, incarceration, adultery, cruel treatment, or habitual drunkenness for at least one year.
Alimony and How it is Decided
Alimony is a court-ordered provision providing a spouse with financial support in order to maintain the standard of living maintained during the marriage. Alimony is awarded at the final judgment of the court deciding the case. In Arkansas, the standard of living and custodial status is considered when determining alimony payments, and exact calculation is generally done case-by-case, with the final amount, if awarded, being at the discretion of the judge.