No married couple plans to get divorced, otherwise they would never have gotten married in the first place. This means that a divorce can be a confusing experience for a lot of people, especially when children are involved.
Getting a divorce is not necessarily as hard as it may appear to be. The difficulty of getting a divorce is more emotional than it is practical.
Despite this, the divorce process can prove tricky for people. This is why so many rely on experienced family lawyers to assist them throughout.
For those who want to file for a divorce, there are some questions you should answer before continuing.
Before you rush off to file for divorce, ask yourself these questions
Is there no chance for the marriage to continue?
Divorce may seem like what people want when their emotions are running high but it’s a big decision that can have a lot of roll-on consequences. Consider the chance that the marriage can continue to work before making a permanent decision.
Have you been separated for a year or more?
In Arkansas for a divorce to be permitted the court must be satisfied that the marriage of two people has irrevocably broken down. This means that there is no reasonable expectation that they will get back together and continue the marriage.
This year long waiting period is there to make sure that married couples don’t rush into a divorce they will later regret. If a couple has been married for less than 2 years they are required to attend marriage counselling (although this may not be necessary in cases of domestic violence etc).
If you and your spouse have separated but continue living together you will need to bring extra proof to the court that you are no longer living as a married couple. If you and your spouse get back together before a year has passed then the clock will reset for how long you must be separated prior to divorce.
Do you know where your spouse is?
You need to be able to serve divorce papers to your spouse for a divorce to go ahead. If the spouse has left the residence and not told you were they have gone you should try all means possible to contact them and record your attempts.
Do you have adequate representation?
Sometime family law matters can become quite complicated and will require mediation or litigation from a professional family lawyer. Make sure that you have a good solicitor on your side so that you are not disadvantaged in litigious disputes.
