Divorce

Although every divorce is different, the divorce process and the legal issues that arise during divorce litigation are somewhat predictable.  Depending on whether you and your spouse are able to reach an agreement, your divorce may be "uncontested" or "contested."  

 

The contested divorce process generally involves the following stages:

 

1. Filing Pleadings - one spouse will file for divorce; the other spouse respond or file a counterclaim for divorce.

2. Entry of a Temporary Order - Spouses will either agree to a temporary arrangement or schedule a temporary hearing with the Court. A temporary order will specify temporary possession of the marital residence, temporary custody of the minor children, a temporary visitation schedule, temporary responsibility for the payment of debts, and temporary possession of personal property, such as vehicles.

3. Discovery Production - Each spouse will draft interrogatories (written questions) and requests for production of documents for the other spouse to answer.  The discovery process allows each spouse to prepare his or her case for settlement, mediation, or a final hearing. The discovery process can be a lengthy process and can involve the filing of additional motions.

4. Issuing Subpoenas - Subpoena duces tecum may be issued to obtain records and information from entities, such as employers, financial institutions, credit card companies, and medical facilities.

5. Depositions - Depending on the facts and issues presented, depositions may be necessary. Spouses, witnesses, and other relevant persons may be deposed.  

6. Settlement Negotiations - If your case is proper for settlement, your attorney and your spouse’s attorney will exchange settlement proposals.

7. Mediation - If your case is appropriate for mediation, mediation will be scheduled with a formal mediator. Please reference the mediation link for further information.

8. Trial Preparation -  Trial preparation may involve witness interviews, preparation of exhibits and evidence for trial, and the filing of pretrial motions.

9. Final Hearing - If you and your spouse are unable to resolve your legal issues through settlement or mediation, a final hearing will be scheduled and the court will decide the remaining issues.

10. Case Finalization-  After your final decree of divorce is entered, your attorney may need to prepare any of the following documents to effectuate provisions of the decree of divorce: quitclaim deeds, qualified domestic relations orders (“QDROs”), wage orders. 

 

 Grounds for Divorce in Arkansas 

 

• A spouse is convicted of a felony or serious crime;

• At the time of the marriage a spouse was impotent and remains impotent;

• A spouse is addicted to habitual drunkenness for a period of 1 year;

• A spouse has offered such indignities to the other spouse as to render his or her condition intolerable;

• A spouse commits adultery during the marriage;

• When spouses have lived separate and apart without cohabitation for a period of 18 months;

• When spouses have lived separate and apart for 3 consecutive years without cohabitation because one spouse is incurably insane; and

• A spouse, who is legally obligated to support the other and who has the ability to do so, willfully fails or refuses to provide the other with the common necessaries of life.

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If you are considering divorce, contact M.W. Law, PLLC to schedule a consultation. 

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