Retaining a Lawyer's Services

It is always a good idea to retain a divorce lawyer to represent you, in any and all divorce proceedings in Arkansas or any state. A lawyer can help you determine whether you should file on fault or no fault grounds, as well as handle communications with the other party's lawyer.

Another important role a lawyer plays is that of gathering and preparing the required documentation. Having your documentation in order will greatly help the proceedings move along as smoothly as possible. A divorce lawyer will also make sure that you meet all of the residency requirements to file for divorce in Arkansas. Retain a lawyer that is familiar with Arkansas divorce laws as well as any other laws that may pertain to your case.

Consultations with Your Lawyer

All consultations with your divorce lawyer are confidential, which allows you to be completely honest with your lawyer about the circumstances that led you to file for divorce. When you are consulting with potential lawyers as you are determining who will best represent you, it is important to be upfront so that you can better gauge who is your best choice. Being honest, even if it makes you look bad, will give your divorce lawyer the information needed to effectively represent you in court or any other matters pertaining to the divorce.

Arkansas Residency and Separation Requirements

Both parties do not need to live in Arkansas in order to file for divorce there. One party needs to have been residing in Arkansas for a minimum of 60 days before filing for divorce. Before the divorce can be finalized, that person needs to have been living in the state for at least 3 months. If the person requesting the divorce lives in Arkansas, then the proceedings will take place in that person's county of residence. If the complainant does not live in Arkansas, then the proceedings will take place in the county of the defendant's residence. Before a no fault divorce will be granted, the husband and wife must have been living in separate residences for eighteen continuous months. The start of the eighteen months will begin when the couple first lives in separate residences and will start over, if cohabitation occurs at any time.

Fault and No Fault Grounds for Divorce

Arkansas courts can grant divorces on both fault and no fault grounds. Arkansas recognizes several grounds for divorce that assign blame to one of the parties. If either of the parties is impotent, the other party can use it as grounds for divorce.

A separation of at least three years due to the mental incapacity of one of the spouses can also be used as grounds. Other fault based grounds for divorce in Arkansas include one of the spouses being convicted of a felony, one year of habitual drunkenness, or the cruel in indignant treatment of one spouse by the other. For a no fault divorce to be granted, both parties must agree and have been living apart for eighteen months.

• If you are are considering filing for Divorce or are already in the process, Submit Your Case for a Free Review from a Divorce Attorney in Arkansas.

Contact Arkansas Divorce Attorneys

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