This is the next post in my series on how long it can take to finalize a divorce in the state of Arkansas. My last article discussed how long a contested divorce may take in our state. It is important to understand that it is important to take your attorney’s advice as your matter proceeds through the system. Not taking counsel’s advice can result in the conclusion of your case being delayed due to the litigating of issues which should otherwise be settled. In this article I will discuss the types of issues which, in the legitimate course of a case, can cause a matter to take longer than others. If you or a family member are in need of assistance then contact my office today to speak with a Little Rock divorce lawyer.
Financial disagreements can cause Arkansas divorces to be protracted
The first financial disagreement which can lengthen a divorce is how to divide marital property. While Arkansas is not a community property state, the law does require an equitable division of marital property. Disputes can often arise over whether property should be considered “marital” in nature or whether it should be considered the separate property of one spouse. Also, disputes can often arise over how to value an asset and, in turn, how that asset should be divided. Common examples of this can include disputes over the value of a home and other items for which pricing can be subjective. The more spouses devote resources to litigating over the division of assets, then the more they risk the value of those assets being eaten away by legal fees.
The second common financial disagreement in a divorce revolves around the award of spousal support. This is a contentious topic due to the fact that one party will typically feel that they are paying too much while the other believes that they are not receiving enough. The emotion which each side can feel over this issue can lead to being an issue which extends the divorce. Quite often, it is clear that one spouse will have to pay the other something, but each side will extend the litigation due to an unreasonable expectation. By taking your counsel’s advice, as to what is fair in a given situation, you can avoid paying extra legal fees to litigate an issue only to reach the same outcome which could have been obtained through settlement.
Divorces are often extended due to disagreements over child custody
A parent’s first concern should always be for the wellbeing of their child. It is understandable that parents often disagree about how to best serve those concerns for the child’s wellbeing. There are certainly situations in which a parent is right to attempt to limit their counterpart’s time with the child. There are other instances, however, when each parent is convinced that the other should have limited time with the child only to have the court rule that custody should be jointly shared. As with most financial issues, your attorney will give you an honest assessment of whether your custody requests are worth litigating or whether you should settle the matter. Not unnecessarily extending the case can be better for your child’s long-term mental health.
If you are going through a divorce then it is important that you protect your interests but that you also not necessarily prolong the matter. As a Little Rock divorce lawyer, I will give you an honest assessment as to the best course of action for your particular situation. Contact us online or by telephone today to schedule an appointment. We look forward to speaking with you. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas.