There are times when spouses wish to go their separate ways but do not wish to file for divorce. Such situations may be for reasons involving health insurance, retirement benefits, or a simple desire to “spend some time apart.” It is important for spouses, who wish to separate but remain married, to ensure that their interests are protected during this time apart. Failing to ensure such protections can result in one being responsible for their spouse’s poor financial decisions and can also lead to disputes regarding child custody. By obtaining a “legal separation” or an Order for Separate Maintenance, one can rest assured that they will not be hurt by another’s actions. Retaining an attorney to assist with the process can help to ensure that it is handled correctly. Our Little Rock lawyers handle Arkansas separation cases and we are ready to assist you. Contact us today.
Little Rock attorneys assisting with Arkansas legal separations and separate maintenance orders
There are numerous reasons why spouses may wish to go their separate ways without actually filing for divorce. These reasons can include religious beliefs, the need for one spouse to maintain healthcare, ensuring that one spouse vests an interest in the other’s retirement benefits, and more. If spouses separate, without going through any type of legal process, then they open themselves up to potential problems. These problems are the fact that any property or debt acquired, during the time of separation, will be considered “marital” in nature. Also, the parties will have no legal protections or obligations in place when it comes to child custody, child support, and more. These problems can be alleviated by having legal protections in place.
There are two options for spouses who wish to protect their interests without filing for a divorce. First, the parties may agree on all issues and enter into a “postnuptial” contract which spells out the obligations of each side in terms of assets, debts, spousal support, child custody, and more. Second, if the spouses cannot reach an agreement, then a Complaint for Separate Maintenance may be filed with the Circuit Court. The matter will result in legal proceedings which are similar to a divorce, except that the parties will remain married at the end. Handling such matters can involve complicated issues and it is suggested that you retain an experienced lawyer to assist you.
Our Little Rock family law attorneys assist with legal separations and separate maintenance orders. They will use your initial consultation to gain an understanding of your goals and of your overall situation. If an agreement can be reached then they will quickly draft a contract which protects your rights. If no agreement is possible then they will not hesitate to file a Complaint with the Court. Our office will use the discovery process to gain evidence necessary for any trial regarding support, child custody, and more. We understand that this is a stressful time in your life. We are here to help you move forward in the most efficient way possible. Contact us today.
Little Rock lawyers providing quality service for those going through a separation
If you are separating from your spouse then you already have many things to worry about. You do not need the added aggravation of an attorney who does not return your phone calls. Our Little Rock lawyers make client communication a priority. They promptly respond to messages and, most importantly, they will make themselves available to address your concerns. We are honored to serve our community and we take our responsibilities very seriously.
We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.