Bentonville, AR Divorce Attorney
Deciding to divorce from a spouse is a difficult and stressful experience for any person. This decision can be even harder to make when you share one or multiple children with a spouse. Not only will you have to consider child custody issues, but you will also have to work out the distribution of property from the marriage. If you need legal assistance to handle your divorce, you should consult with an experienced Bentonville divorce attorney as soon as possible.
At Gunn Kieklak Dennis, LLP, we are dedicated to offering our clients legal services that are adjusted to their unique needs. We know that enduring a divorce is a sensitive issue for a person, and we are here to offer you the legal representation you deserve. To schedule a confidential legal consultation to discuss your divorce case, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You may also contact the firm online.
Requirements to File for Divorce in Bentonville, AR
Divorcing a spouse can be a life-changing experience. A person will have to consider many issues when they decide to initiate divorce proceedings. One of the first issues that must be resolved is meeting the requirements to file a divorce in Arkansas.
The first requirement that must be met when filing for a divorce is ensuring that you meet the residency timeframe for eligibility to file your case in Arkansas. In Arkansas, either spouse must be able to show that they resided in the state for at least 60 days before filing for a divorce. Additionally, either spouse must live within the State of Arkansas for at least three months prior to the court awarding the final divorce decree.
A residency requirement is not the only qualification that must be met before a person can file for a divorce in Arkansas. The spouse filing for the divorce must detail a grounds for divorce. This means that the spouse must provide a specific reason for why the marriage must be dissolved. Arkansas recognizes at-fault and no-fault grounds for divorce. For example, an at-fault divorce will discuss specific actions by a spouse, while a no-fault divorce is often based on a period of separation between the spouses.
If you choose to file for an at-fault divorce, here are common grounds that are used to support the filing:
- One or both spouses have committed adultery
- A felony conviction
- A spouse struggles with an addiction to alcohol or drugs
- Cruel treatment from one spouse causes the other spouse to fear for their life
- Tormenting a spouse to make the living situation intolerable
- Spending at least three years in a mental health institution
- Purposely ignoring one spouse’s need for support
Additionally, if you and your spouse you wed in a covenant marriage, you should be aware that you may be subject to other requirements. For example, you may legally be required to attend marriage counseling prior to completing a divorce.
To learn more about other factors that should be considered when divorcing a spouse, you should consult with an experienced Bentonville divorce lawyer today.
Factors to Consider When Filing for Divorce in Bentonville, AR
If you choose to file for divorce from your spouse in Arkansas, there are a number of factors that must be considered. If former spouses are able to come to mutual agreements, it may be easier to resolve these issues. However, some former spouses may have difficulty with effectively communicating with each other, which often results in a divorce being settled in a court of law. The following are some issues that must be resolved when managing a divorce.
Distribution of Marital Property
One of the largest factors that must be considered when filing for divorce is the distribution of marital property. Marital property is a property that was accumulated during the marriage, and that belongs to each spouse. For example, if you and your spouse purchased a home after being married, you will have to determine who is permitted to remain in the home or whether it should be sold to distribute the proceeds to each spouse.
To avoid the possibility of losing property due to a divorce, a couple may look to sign a prenuptial agreement prior to marriage. A prenuptial agreement can set out how property will be distributed in the event of a divorce. This is especially helpful for spouses that wish to keep personal property separate from marital property. A prenuptial agreement can also help a spouse protecting an interest in a business or with preserving of the inheritance for a child.
If you had any children with your spouse, a divorce could lead to a number of custody issues. For example, one person may want full custody of a child while another seeks joint custody. If you and your former spouse cannot agree on child custody issues, they may have to be handled in court.
Work with Our Experienced Bentonville, AR Divorce Attorneys Today
If you need legal aid to proceed with the dissolution of your marriage, you should work with our experienced Bentonville divorce attorneys today. The committed family law attorneys at Gunn Kieklak Dennis, LLP is here to help you through a difficult divorce. Our skilled team of Fayetteville, AR family law attorneys has worked on a variety of divorce cases, and we can help you manage your divorce case in Bentonville, Arkansas. To schedule a confidential legal consultation to discuss your case, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You can also use our online submission form to schedule your consultation.