Bentonville Same Sex Divorce Lawyer

In Arkansas, same sex couples are afforded the same rights as heterosexual couples. This includes the right to get married and the right to get divorced. Same sex couples often have to deal with the same life difficulties and complications that heterosexual couples experience. Sometimes, marriage doesn’t work out the way you hoped it would, and there’s no shame in pursuing divorce. A Bentonville same sex divorce lawyer can help you figure out a path forward.

The Bentonville family lawyers at Bundy Law understands how hard a same sex divorce case can be. It’s entirely possible that same sex couples may be dealing with bigotry and societal pressure that heterosexual couples simply don’t have to endure. This can make a divorce more complicated.

The state’s same sex divorce laws are clear, and a Bentonville same sex divorce attorney can walk you through your options. Aaron Bundy has devoted 20 years to helping families. He can help you, too.

Key Aspects of Same Sex Divorce in Arkansas

If you want to file for divorce in Bentonville, regardless of whether you are part of a same sex couple or a heterosexual couple, your case will be heard by the Benton County Circuit Court in the Domestic Relations Division. You can find this court in Bentonville on Northeast A Street. Divorces are fairly common in Arkansas. The state has a divorce rate of 3.0 per 1,000 people, with a marriage rate of 48.9%. Same sex couples are included in those statistics.

Since same sex couples have the same rights as heterosexual couples, including the right to divorce, they need to be aware of the same key aspects and factors that are always present in any Arkansas divorce. Arkansas is an equitable distribution state, which means that all marital assets are distributed in a fair split to both parties. Fair is not synonymous with equal, and it’s important to hire a same sex divorce lawyer to help you build your case. Here are some important factors:

• Property division. Even though equitable distribution is the model the court will use to divide assets, you still need to classify your assets and debts. Any separate property that was owned by one partner before the marriage will not be divided in the divorce unless that property was commingled with marital property. This applies to bank accounts and marital gifts as well.
• Child custody. One of the hardest parts of any divorce is figuring out child custody. It can be emotional to have to give up any time with your child. You may even feel guilty about separating your child from your partner for any amount of time. Still, custody needs to be figured out, as does a valid parenting plan and child support obligations. Non-biological parents may have trouble establishing parental rights without adoption paperwork.
• Grounds for divorce. While Arkansas does allow for no-fault divorce, it is primarily a fault-based state. The grounds for same sex couples to divorce are the same as the grounds for hetero couples. These grounds include adultery, cruel treatment, felony convictions, impotence, incurable insanity, and willful neglect. Consult with a lawyer to determine which ground describes your situation.
• Residency requirement. In order to get divorced in Arkansas, at least one spouse has to have lived in Arkansas for at least 60 days before filing and at least three months before the final judgment. There is also a 30-day waiting period after filing before you can get a formal hearing.
• Spousal support. If there is a significant pay disparity between both partners and a prenuptial agreement has not waived away alimony, the higher-earning spouse may be ordered to pay the lower-earning spouse monthly spousal support. The court will consider each spouse’s earning capacity, current income, and the length of the marriage to determine the amount.

FAQs

Is Arkansas a 50/50 Divorce State?

No, Arkansas is not a 50/50 divorce state. Instead of being a community property state, Arkansas is an equitable distribution state. While it can be common for a judge to distribute marital assets 50/50, that’s not always the case. The court has to consider each partner’s income, the length of the marriage, and each partner’s health before dividing assets. It’s important to remember that fair and equal do not always mean the same thing.

How Does Same Sex Divorce Work in Arkansas?

Same sex divorce in Arkansas follows the exact same legal procedures as heterosexual divorce, since same sex couples are afforded the same rights as everyone else in the state of Arkansas. Same sex couples can utilize fault-based grounds for divorce, pursue child and spousal support, divide property equitably, and work out a parenting plan. It’s important that you hire a skilled Bentonville divorce lawyer to help you get what you deserve.

What Are Some Common Pitfalls in a Same Sex Divorce?

Same sex couples experience the same legal and emotional pitfalls in a divorce that everyone else does. Some of the most common pitfalls include making decisions based on emotion, failing to document assets correctly, and not having a prenuptial agreement in place to protect your premarital assets. A skilled divorce lawyer can help you figure out what you need to do to protect yourself based on the facts of your case.

How Long Will My Divorce Take?

There is no telling how long your divorce will take to finalize. Every divorce case has its own unique factors. Certain factors in a same sex divorce, such as determining child custody, can make a divorce take much longer to finalize. The more complicated your case is, the longer it is likely to take. In the end, every divorce takes as long as it needs to take, with uncontested ones taking several months and contested ones possibly taking over a year.

Be Sure to Hire a Same Sex Divorce Lawyer

Above all, you want your divorce to be handled by a trained professional who appreciates your position and can help you succeed, regardless of your sexual orientation. At Bundy Law, we can bring determination, focus, and experience to your divorce case. Contact us to speak to a member of our team who can help.