Aspects of Divorce - Benson Law Firm
Benson Law Firm attorneys are for preserving families intact in Jonesboro AR. It is noted that couples filing for divorce in Jonesboro AR is increasing steadily high. Every divorce is unique but most involve issues of assets, debts and children. We involve in some major areas of divorce as listed below.
- Divorce in Arkansas
- Uncontested Divorce
- Effects of Divorce
- Obtaining a Divorce
- Residence Issues
- Distribution of Property
- Alimony and Spousal Support
- Child Custody
- Child Custody Issues
- Child Support
- Modifications of Orders
A divorce is a difficult legal procedure to begin with and an agreement or court orders can have a long lasting impact on your family. This includes developing creative solutions on property and child custody issues. Divorce is the most common form of marriage termination, allows divorcees to remarry and determines the rights among each other after the divorce.
Effect of Divorce
The effect of divorce is to terminate the marriage between spouses completing the legal formalities in a court of Law. Following an absolute divorce, the spouses are free to remarry. The court make decisions on the children of the marriage and the financial affairs, including a distribution of property as well as an allotment of debt.
How a Divorce is obtained?
In Arkansas state, a petition must be filed with the court in order to begin the divorce proceedings. Divorce can be obtained in an uncontested or contested manner. The uncontested divorce involves a mutual agreement between the couples set forth in a document drafted by Attorney. It gets finalized by the court after obtaining signatures of their acceptance. In the event that no agreement can be reached in between, a hearing will be necessary to determine the issues involved in your divorce to make a judgment that takes more time.
Eligibility for divorce in Jonesboro AR is according to the residential status. It is mandatory to be a resident of the State of Arkansas 60 days prior to the filing of your divorce petition. After filing the petition, you must also wait a minimum of 30 days before the divorce. Divorce can actually be granted regardless of when you and your spouse entered into an agreement disposing of all issues. If one of the issues in your divorce is custody of minor children, there may be other factors to consider by the court.
Mutual agreement of the couples on all terms, including custody, support, and property division might have a divorce given on an uncontested basis. This is by far the easiest and less expensive way to get divorced. Your divorce is contested if your spouse hires an attorney, refuses to sign the papers by deciding to challenge the case. An uncontested divorce can usually be completed in approximately 45 days assuming that all necessary signatures be obtained in a timely fashion.
The custody of minor children in Arkansas begins with a consideration of the “tender years doctrine. It is basically set forth that children under a certain age should remain with the mother in the event of separation or divorce. However, that presumption has been put aside and both mother and father begin a divorce action. The fundamental standard that the court applies in determining initial custody issues is by determining what is in the best interest of children. The court may consider many factors including the behavior of the parents, financial capabilities, background, etc. At a minimum, the children should have access to both parents. It is to ensure that the residential status of the children should be stable and safe, and the children should have adequate access to basic necessities.
The attorneys at Benson Law Firm are skilled at preparing and negotiating the full range of issues that can occur in a divorce. Get your divorce proceedings done easily with an experienced attorney in Jonesboro AR.