Fayetteville, AR Same-Sex Divorce Attorney
Divorcing from a spouse can be one of the most stressful ordeals that a person must handle. You must determine what to do with property that you accumulated during the marriage, deal with child custody issues, or even determine whether one spouse should receive alimony payments. This can be a lot for one person to deal with. If you or a family member are in the process of getting divorced, you should consult with an experienced Fayetteville same-sex divorce attorney today.
The family law attorneys at Gunn Kieklak Dennis, LLP have decades of experience handling divorce claims for residents of Arkansas. We understand the difficulty of divorcing from a spouse, and we are here to alleviate the process. To schedule a confidential consultation to discuss your divorce proceedings, contact Gunn Kieklak Dennis, LLP at (479) 439-9840.
How to File for a Divorce in Arkansas
In 2015, same-sex marriages were finally legalized in the United States. With the legalization of same-sex marriages, the LGBT community have faced some unfortunate hurdles in Arkansas. For example, the State of Arkansas used to prohibit the distribution of birth certificates to children of same-sex parents. However, most of the laws regarding divorce do not change when dealing with same-sex divorce.
To file for a divorce in Arkansas, you or your spouse must reside within the state for at least 60 days before filing and at least three months before a divorce judgment is entered.
There are two types of divorce proceedings in Arkansas: no-fault divorces and fault-based divorces. A no-fault divorce means that the split from your spouse was a mutual agreement. A no-fault divorce requires that you live separately from your spouse for at least 18 months. The separation period must be a consecutive 18 months; if you return to live with your spouse for even a single day, this will invalidate the separation period.
A fault-based divorce can be filed for several different reasons:
- Alcoholism or drug addiction
- Your spouse was convicted of a felony
- Cruel treatment that endangers your life
To begin the process of divorce, you must file a complaint for divorce with the Chancery Court in your respective county. If only your spouse is a resident of Arkansas, you can file in the county where your spouse resides. If you and your spouse agree on all the details of the divorce, you can likely continue with an uncontested divorce. This will include a simple court hearing to ensure that both spouses understand the particulars of the agreement before the judge enters the decree of divorce.
A contested divorce proceeding may result in a long divorce proceeding where every aspect of the divorce must be considered. For example, the court may have to help determine which spouse is entitled alimony payments. To learn more about the division of marital property in Arkansas, you should continue reading and speak with an experienced Arkansas family law lawyer.
Dividing Marital Property
The division of marital property is a necessary part of divorce proceedings. Marital property is defined as property that spouses accumulate after being married. Arkansas follows the rule of equitable distribution of property when it comes to marital assets. Equitable distribution entails that the court will distribute property depending on the needs of each spouse. The court will consider the following factors when determining how to split marital property:
- How long the marriage lasted
- The age of each spouse and their physical and mental health
- The education and income potential of each spouse
- The current income and savings of each spouse
- Any amount of time that either spouse spent away from the workforce
It is important to note that property that was owned before the marriage will not be considered marital property. Additionally, if the two spouses share children, the distribution of marital property may be affected by who retains custody of the children.
Arkansas also considers nonmonetary contributions to a marriage when distributing property. A nonmonetary contribution can take many forms:
- Homemaking and other household chores
- Supporting the professional choices of a spouse
- Taking care of children
Our Fayetteville, AR Family Law Lawyers Can Help You File for a Same-Sex Divorce
If you are in the midst of a divorce and you require legal assistance, contact an experienced Fayetteville same-sex divorce lawyer today. At Gunn Kieklak Dennis, LLP, our dedicated lawyers are prepared to help you make your divorce as seamless as possible for you and your family. With the recent legalization of same-sex marriage, there are bound to be future legal issues that may require the aid of an experienced lawyer. To schedule a confidential legal consultation, call Gunn Kieklak Dennis, LLP at (479) 439-9840.