Dealing with Divorce
Anteski Law Firm handles divorces throughout Northwest Arkansas, from Fayetteville to Fort Smith to Russellville and beyond. The following content is for educational and informational purposes only, it is not legal advice.
When filing for divorce, it is generally best to hire an attorney that you trust. You need to be honest with your attorney and you need to follow her legal advice.
Exiting your marriage is similar to entering your marriage in that it takes lots of planning. You need to gather your financial records, such as paycheck stubs, tax returns, mortgage papers, car notes, deeds, car titles, your most recent bank statements, retirement records, proof of debts, and any other legal papers and bring them with you to our first appointment.
If you are the victim of domestic violence, you can file a petition for an Order of Protection at the Circuit Clerk's office. Then, you need to find a safe place to stay which may require you to seek help from a shelter.
Do not argue with your spouse in person, via telephone, e-mail, text message, nor social media. Anything you post on the internet can and probably will be used against you in Court.
Do not use your children as weapons against your spouse in your divorce. This will only anger the Judge. Do not talk negatively about your spouse in front of your children. Also, do not tell your children about the day to day happenings in your case. This will only stress the children out. Do not try to pump your children for information about your spouse. Do not relay messages to your spouse through your children. Do not attempt to spy on your spouse. There are laws against stalking and harassment.
Basically, you want to keep your home life as stable as possible to support your children through this difficult transition. Do not drag your children through your messy divorce. If you and your spouse do not agree on what is best for your children as far as custody and visitation, then an Attorney ad Litem may be appointed by the Judge to conduct an independent investigation to tell the Court what your child(ren)'s preferences are and what the Attorney ad Litem believes is in your child(ren)'s best interests. I am a Certified Attorney ad Litem for Domestic Relations and Probate cases in Arkansas.
THE DETAILS:
In Arkansas, a divorce begins when the Plaintiff files a complaint. The Plaintiff must have lived in Arkansas for at least 60 days before filing for divorce. The Plaintiff must also have grounds for divorce. General indignities and 18 months of continuous separation are the most commonly used grounds for divorce in Arkansas.
Next, the Defendant must be served with the Summons and the Complaint. If you do not know the whereabouts of your spouse, then service by warning order in the newspaper may be necessary. Finally, there are special rules for serving a spouse who is in prison or serving in the military.
When the Defendant is served with the papers, the Defendant generally has thirty (30) days to file an Answer, in writing, with the Circuit Court Clerk. Additional time may apply to persons in prison or serving in the military.
If the parties cannot agree to settle their case, then the Judge will decide the following issues:
1. Custody
*Note: in divorce cases, the preference now in Arkansas is to award the parents joint custody of their child(ren) with equal time for both parents. The Judge has the power to award one parent full custody if he finds it is in the child's best interests to do so.
2. Visitation
3. Child Support
4. Alimony-effective in Court Orders filed in 2019 and thereafter, alimony is no longer tax deductible for the payor spouse nor taxable income for the receiving spouse.
5. The division of property and debts.
It takes a minimum of thirty (30) days from the date a complaint is filed to get divorced in Arkansas. It may take longer if the case is contested, meaning the parties cannot agree on the terms to settle their case or if there are few court dates available.
Generally, you need to bring at least one person with you to court to testify as to your residency and your grounds for divorce.
When your Divorce Decree is signed by the Judge and filed by the Clerk, you are officially divorced. I will give you a copy of your Divorce Decree for your safekeeping. Your Divorce Decree will list your rights and your responsibilities. If your ex-spouse does not obey the terms of the Divorce Decree, then you may re-open your case and file a motion for contempt against your ex-spouse. Contempt may be punished with fines, attorney fees, or possibly jail time. Therefore, it is very important to obey the terms of your Court Orders carefully. You should keep a copy of your most recent Court Order in your glove box of your car so that you may refer to it if a problem arises at the exchange of your children.
When filing for divorce, it is generally best to hire an attorney that you trust. You need to be honest with your attorney and you need to follow her legal advice.
Exiting your marriage is similar to entering your marriage in that it takes lots of planning. You need to gather your financial records, such as paycheck stubs, tax returns, mortgage papers, car notes, deeds, car titles, your most recent bank statements, retirement records, proof of debts, and any other legal papers and bring them with you to our first appointment.
If you are the victim of domestic violence, you can file a petition for an Order of Protection at the Circuit Clerk's office. Then, you need to find a safe place to stay which may require you to seek help from a shelter.
Do not argue with your spouse in person, via telephone, e-mail, text message, nor social media. Anything you post on the internet can and probably will be used against you in Court.
Do not use your children as weapons against your spouse in your divorce. This will only anger the Judge. Do not talk negatively about your spouse in front of your children. Also, do not tell your children about the day to day happenings in your case. This will only stress the children out. Do not try to pump your children for information about your spouse. Do not relay messages to your spouse through your children. Do not attempt to spy on your spouse. There are laws against stalking and harassment.
Basically, you want to keep your home life as stable as possible to support your children through this difficult transition. Do not drag your children through your messy divorce. If you and your spouse do not agree on what is best for your children as far as custody and visitation, then an Attorney ad Litem may be appointed by the Judge to conduct an independent investigation to tell the Court what your child(ren)'s preferences are and what the Attorney ad Litem believes is in your child(ren)'s best interests. I am a Certified Attorney ad Litem for Domestic Relations and Probate cases in Arkansas.
THE DETAILS:
In Arkansas, a divorce begins when the Plaintiff files a complaint. The Plaintiff must have lived in Arkansas for at least 60 days before filing for divorce. The Plaintiff must also have grounds for divorce. General indignities and 18 months of continuous separation are the most commonly used grounds for divorce in Arkansas.
Next, the Defendant must be served with the Summons and the Complaint. If you do not know the whereabouts of your spouse, then service by warning order in the newspaper may be necessary. Finally, there are special rules for serving a spouse who is in prison or serving in the military.
When the Defendant is served with the papers, the Defendant generally has thirty (30) days to file an Answer, in writing, with the Circuit Court Clerk. Additional time may apply to persons in prison or serving in the military.
If the parties cannot agree to settle their case, then the Judge will decide the following issues:
1. Custody
*Note: in divorce cases, the preference now in Arkansas is to award the parents joint custody of their child(ren) with equal time for both parents. The Judge has the power to award one parent full custody if he finds it is in the child's best interests to do so.
2. Visitation
3. Child Support
4. Alimony-effective in Court Orders filed in 2019 and thereafter, alimony is no longer tax deductible for the payor spouse nor taxable income for the receiving spouse.
5. The division of property and debts.
It takes a minimum of thirty (30) days from the date a complaint is filed to get divorced in Arkansas. It may take longer if the case is contested, meaning the parties cannot agree on the terms to settle their case or if there are few court dates available.
Generally, you need to bring at least one person with you to court to testify as to your residency and your grounds for divorce.
When your Divorce Decree is signed by the Judge and filed by the Clerk, you are officially divorced. I will give you a copy of your Divorce Decree for your safekeeping. Your Divorce Decree will list your rights and your responsibilities. If your ex-spouse does not obey the terms of the Divorce Decree, then you may re-open your case and file a motion for contempt against your ex-spouse. Contempt may be punished with fines, attorney fees, or possibly jail time. Therefore, it is very important to obey the terms of your Court Orders carefully. You should keep a copy of your most recent Court Order in your glove box of your car so that you may refer to it if a problem arises at the exchange of your children.
Coping with a Change of custody: ATTORNEY AD LITEM
If custody has already been decided by the Court, and your ex has interfered with your visitation, neglected your child, been convicted of a crime, is addicted to drugs or alcohol, or has abused your child, you may need to file for a change of custody. To change custody of your child, you will need to file a Complaint to Modify Custody. You will need to obtain evidence to prove a material change in circumstances has occurred since custody was last decided by the Court and it is in your child's best interests to change custody.
Your children may testify in Court as to which parent that child prefers to live with. Your child may testify in the judge's chambers or in open court. The Judge will decide how much value or weight to give your child's testimony. Testifying in open court may be stressful for some children. Therefore, in the alternative, you may decide it is necessary to hire an attorney ad litem to report to the court as to the child's preferences and as to what the attorney ad litem believes is in the child's best interests. By hiring an attorney ad litem, your child may be able to avoid the stress of being put "on the stand" to testify. The Judge may consider the child's preferences and the recommendations of the attorney ad litem, but the judge does not have to follow either request. Ultimately, the Judge will decide which parent should have custody of your child based on the welfare and the best interests of the child.
I am a Certified Attorney ad Litem for Domestic Relations and Probate cases in Arkansas.
Because a divorce or change of custody can be stressful for children, you may find it is necessary to support your child through the legal process by making counseling available to them by a medical professional. If you cannot afford to pay for a Counselor, you should notify the School Counselor and ask them to meet with your child. The School Counselor may be an important free resource for your child, to help him or her adjust to their parents divorce and all of the changes happening in their lives.
Call now to schedule your appointment with Attorney June Anteski:
Click the link below for helpful tools to help your young child cope with a divorce or a change of custody.
Your children may testify in Court as to which parent that child prefers to live with. Your child may testify in the judge's chambers or in open court. The Judge will decide how much value or weight to give your child's testimony. Testifying in open court may be stressful for some children. Therefore, in the alternative, you may decide it is necessary to hire an attorney ad litem to report to the court as to the child's preferences and as to what the attorney ad litem believes is in the child's best interests. By hiring an attorney ad litem, your child may be able to avoid the stress of being put "on the stand" to testify. The Judge may consider the child's preferences and the recommendations of the attorney ad litem, but the judge does not have to follow either request. Ultimately, the Judge will decide which parent should have custody of your child based on the welfare and the best interests of the child.
I am a Certified Attorney ad Litem for Domestic Relations and Probate cases in Arkansas.
Because a divorce or change of custody can be stressful for children, you may find it is necessary to support your child through the legal process by making counseling available to them by a medical professional. If you cannot afford to pay for a Counselor, you should notify the School Counselor and ask them to meet with your child. The School Counselor may be an important free resource for your child, to help him or her adjust to their parents divorce and all of the changes happening in their lives.
Call now to schedule your appointment with Attorney June Anteski:
Click the link below for helpful tools to help your young child cope with a divorce or a change of custody.
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Anteski Law Firm
2501 Meadow Lane Barling, AR 72923 (479) 452-8064 |
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3505 E. Chism Street Paris, AR 72855 (479) 963-3055 |
Anteski Law Firm
1916 Whippoorwill Drive Greenwood, AR 72936 (479) 357-1881 |