Going through a divorce in Jonesboro is complex and emotionally taxing. Expertise is crucial in addressing specific issues like dividing assets, determining child custody, and spousal support.

This article will help you move forward effectively. Keep reading to learn more about divorce laws in Arkansas, your rights, and how to find a legal expert.

Issues Involved in Jonesboro, Arkansas Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property 

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Arkansas, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt,  and other assets..

Child Support 

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.

Arkansas law uses a precise formula to work out child support payments. This procedure considers the incomes of both parents, how many children they have, and essential costs like childcare. The aim is to ensure fairness by examining what each parent can afford in Jonesboro.

Alimony 

Alimony, or spousal support, can vary dramatically depending on the marriage, and Jonesboro, AR divorce law court looks at multiple factors when determining the amount and length of alimony, including:

  • A spouse’s need and the other spouse’s ability to pay
  • The age and health of each spouse
  • The length of the marriage
  • Each spouse’s earning capacity and level of education
  • The division of property
  • Parental responsibility of the children
  • Sole investments and assets of either spouse

In Jonesboro, different types of alimony exist for the specific circumstances of a divorce. These include:

  1. Temporary alimony lasts through the divorce process
  2. Rehabilitative alimony to help a spouse acquire education or job skills
  3. Permanent alimony when one spouse may not be able to achieve financial independence
  4. Lump-sum alimony or a one-time payment to the recipient’s spouse

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

In Arkansas, the law looks at what’s best for the child in Jonesboro. This procedure means considering the child’s age, health, and how close they are to each parent. It also means looking at whether each parent can provide a stable and loving home. The court will examine how the child is doing at home, school, and the community.

Generally, Jonesboro, Arkansas courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Jonesboro, Arkansas

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

  • A legal reason for divorce (grounds for divorce)
  • A statement that shows at least one spouse meets the state’s residency requirements for divorce
  • Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

Arkansas offers the option of no-fault divorces. Couples in Jonesboro can dissolve their marriage without assigning blame to either party.

Step 2: Request Temporary Orders

The divorce law process in Jonesboro can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

  • Child custody
  • Child support
  • Spousal support
  • Property restraining orders
  • Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Jonesboro, AR judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties. 

In Jonesboro, divorce cases go through the Circuit Courts. They have jurisdiction over family law matters in the city and county.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.

Work With an Experienced Jonesboro, Arkansas Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Jonesboro divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Arkansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!