Rogers, AR Same-Sex Divorce Attorney
Every spouse hopes that their marriage will stand the test of time. However, if spouses cannot find a way to make their marriage work, it may be necessary to seek a divorce. Filing for divorce is a stressful process as there are various factors to be considered, like whether both parents will share custody of children. If you require legal assistance to file for a divorce in Arkansas, contact an experienced Rogers same-sex divorce attorney.
Gunn Kieklak Dennis, LLP recognize how a divorce can impact an entire family, and we are here to help you through this difficult time. Our dedicated legal team can help you resolve a number of issues from the division of property to spousal support. To schedule a confidential case evaluation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
Arkansas Requirements for Divorce
In 2015, the U.S. Supreme Court case of Obergell v. Hodges determined that same-sex marriage would be legalized in all 50 states, and it also made it mandatory for states to recognize out-of-state marriage licenses. Despite this ruling, the State of Arkansas continued to resist approving same-sex marriages, by failing to issue marriage licenses for LGBT couples and other various actions. However, by 2017, many bills opposing same-sex marriage in Arkansas in the state legislature were defeated or withdrawn.
There a number of requirements to file for a divorce in Arkansas that apply to all married spouses. One of the first requirements is to establish residency within Arkansas. Specifically, at least one spouse must reside in Arkansas for at least 60 days to be eligible to file for a divorce. Additionally, the spouse must also reside in the state for at least three months before the divorce judgment is handed down.
Once either spouse satisfies the residency requirement, they must determine whether to file for a no-fault divorce or a fault-based divorce. A no-fault divorce means that neither spouse is directly responsible for the divorce but likely that the spouses had irreconcilable differences that could not be resolved. This type of divorce also requires that both spouses live separate and apart from each other for 18 consecutive months.
The 18-month separation period will reset if the spouses cohabitate at any point. In some cases, spouses can satisfy the 18-month requirement when living in the same home, if they sleep in separate areas of the home.
A fault-based divorce means that either spouse committed an action that substantially impacted the marriage. Valid reasons for a fault-based divorce include:
- Domestic violence against a spouse or children
- Either spouse is addicted to drugs, alcohol, gambling, or other destructive behavior
- Either spouse committed adultery
- Abandoning a spouse for at least a year
- Either spouse is convicted of a felony
Additionally, if a couple elected to have a covenant marriage, the couple would have undergone premarital counseling prior to their wedding. In order to successfully file for a divorce from a covenant marriage, the spouses must also undergo counseling before the divorce judgment is entered.
To learn more about filing for a divorce in Arkansas, you should continue reading and speak with an experienced Arkansas family lawyer.
Dividing Property After a Divorce
The division of property is a necessary part of every divorce. There could be items that the spouses purchased together or property that may not apply to the rules of divorce in Arkansas. For example, if spouses purchased a home together, the home would be considered as marital property that may need to be sold to divide profits between spouses. Property that was owned prior to the marriage or only owned by one spouse is referred to as non-marital property.
If spouses cannot agree on how to divide property during divorce proceedings, the court may become involved in the issues. There are a number of factors that determine how property will be allocated after a divorce:
- The length of the marriage
- Each spouse’s education level and occupation
- The overall health of each spouse
- Whether one spouse was responsible for homemaking or supported the other spouse in their endeavors
- The income level of each spouse
- Whether either spouse committed adultery
This is not an exhaustive list. It is also important to note that these factors can also be used to determine the custody of children and spousal support.
Divorce can be a complex process to handle alone. Our firm can help you determine an appropriate approach to your divorce to pursue the outcome that you desire.
Work with Our Experienced Rogers, Arkansas Same-Sex Divorce Lawyers Today
If you are in the beginning stages of a divorce, you should consult with an experienced Rogers same-sex divorce lawyer today. The family lawyers at Gunn Kieklak Dennis, LLP possess decades of combined legal experience with a variety of family law issues, and we can use this knowledge to help you work through your divorce. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068.