Fayetteville Divorce Lawyer

Getting divorced is almost always stressful, but you don’t have to navigate the complex waters of the legal system alone. You can work with a Fayetteville divorce lawyer to arrange everything from the division of property to child custody, and other important matters.

Trust Bundy Law

If you’re looking for a skilled Fayetteville divorce attorney, you can turn to Bundy Law. Our Fayetteville family law team has years of experience interpreting divorce laws and handling complex divorce cases. Whether you’re looking forward to a relatively simple, amicable, uncontested divorce or anticipate a challenging custody battle, we can protect your rights and interests, ensuring you get fair results.

Why Hire a Divorce Lawyer?

According to some sources, Arkansas has the highest divorce rate in the nation, at 11.9 divorces per 1,000 women in 2022, and some Fayetteville residents have a lot to lose. Although the median household income in 2023 was only $59,074, property values in affluent neighborhoods like Downtown Fayetteville have a median list price of $1,090,000.

Even if you don’t have an expensive home or a lot of money to lose in a divorce, you should hire a divorce lawyer. Your divorce lawyer can do everything from help you with filing paperwork to representing you in court if your case must go to trial. They can protect your parental rights and the best interests of your children and make sure you get your fair share of the marital property when it is divided. Hiring a lawyer is always worth it.

No-Fault vs. Fault-Based Divorces

All states, including Arkansas, recognize no-fault divorces. In these cases, neither party is to blame for the divorce. The two spouses agree that they are experiencing irreconcilable differences and must separate as a result. If you plan to file a no-fault divorce complaint, you should plan to submit proof that you and your spouse have lived separately for at least 18 months.

In fault-based divorces, you need to cite specific grounds for divorce. They can include:

• Adultery
• Becoming a felon
• Habitual drunkenness
• Domestic violence
• General indignities
• Impotence
• Failure to support
• Incurable insanity

You’ll need to submit proof that your spouse was engaging in these behaviors if you plan to submit a fault-based divorce complaint.

Contested vs. Uncontested Divorces

Arguably more important than whether you have grounds for an at-fault divorce is whether your divorce is contested or uncontested. Uncontested divorces are more amicable, with both spouses agreeing on the terms. They are faster and cheaper than contested divorces, which often require a trial before a judge for resolution.

In a contested divorce, you and your spouse disagree about some of the terms of the divorce. Your lawyer can try to negotiate a settlement with their lawyer before moving forward. If that’s not possible, you’ll have to go to trial at the Washington County Circuit Court. Your lawyer can provide you with courtroom representation while you and your spouse present your arguments before the judge. The judge will then issue a decision on any outstanding legal disagreements.

Divorce vs. Legal Separation

Arkansas also recognizes legal separation. This approach allows spouses who are not getting along to separate for a trial period by applying to the court for a legal separation before committing to getting divorced or getting back together. The separation agreement will be similar to a divorce agreement, in that it will address:

• Child custody
• Child support
• Spousal support
• Property division

The difference is that with a legal separation, these decisions are temporary. If you decide to get back together, you won’t have to worry about getting remarried. If you decide to get divorced, you’ll be able to have your legal separation agreement converted into a marital settlement agreement as long as it contains all the necessary divorce terms, saving you a potential headache. The same lawyers who assist with divorces can also help you with your legal separation.

FAQs

What Are the Three C’s of Divorce?

The three C’s of divorce are communication, compromise, and cooperation. These practices, when implemented properly, will allow you to take a less contentious approach to getting divorced, working together with your soon-to-be-ex to ensure a positive outcome. The three C’s are particularly important if you have children, as divorces can be even more difficult for kids if they are not amicable.

What Is the Difference Between a Divorce Lawyer and a Divorce Attorney?

The difference between a divorce lawyer and a divorce attorney is that lawyers have law degrees, but attorneys have passed their state bar exams and are licensed to legally represent clients in court. All divorce attorneys are lawyers. Not all lawyers are attorneys. The key distinction is the ability to provide courtroom representation, which you may need if you have a contested divorce.

Who Loses More Financially in a Divorce?

Women often lose more financially in a divorce. They tend to experience sharper declines in income, are more likely to lose their health insurance, and are at a greater risk of falling into poverty. The reasons behind this discrepancy are that women often have lower wages and are more likely to become primary caregivers for children.

What Is a Divorced Wife Entitled to in Arkansas?

A divorced wife in Arkansas is entitled to a fair share of the marital property, including assets and debts. Depending on her financial circumstances and those of her spouse, she might also be entitled to spousal support and, if there are children and she becomes the custodial parent, child support payments.

Your Fayetteville Divorce Lawyer

Finding a skilled Fayetteville divorce lawyer doesn’t have to be a struggle. You can trust the team here at Bundy Law to provide you with all the legal services you need to navigate this difficult time. We have the only International Academy of Family Lawyers attorney in the area on our staff and can handle even complex, Fayetteville high-asset divorce cases. Contact us to schedule an initial consultation with our legal team today.