The is the next post in our series about obtaining an uncontested divorce in Little Rock, Arkansas. The previous article in this series discussed the potential benefits and consequences of an uncontested divorce. In many cases, this abbreviated process can be completed relatively quickly and is more economical. The resulting settlement agreement may be difficult to modify, however, and parties seeking a fast resolution may be stuck with a less than favorable result for years to come. In this post we will discuss how the uncontested process may result in the parties going back to court. For these reasons, it is important to consult with an experienced Little Rock divorce attorney before deciding that the uncontested process is right for your situation. If you need assistance, contact our office today to speak with a lawyer.
As we have previously discussed in this series, parties who are eligible to seek an uncontested divorce often choose to follow that route to save time and money. It is important to understand that despite the truncated process, the result is a legally binding settlement of a lawsuit. It is not uncommon for one or both parties to realize after the fact that the terms of their agreement may need to be changed. Unfortunately, modifications are not always possible. Even if a change can be made, the modification process can be lengthy and expensive. Getting advice from counsel ahead of time may prevent the parties from rushing to agreement on divorce terms without completely understanding the ramifications.
Certain common issues sometimes cause a divorced party to seek a change in the settlement agreement. For example, if one person faces a significant income reduction, it may become impossible to meet spousal support obligations agreed to prior to the income change. In this case, the party must petition the Court to reopen the case and determine if the support terms are modifiable. In other instances, assets or liabilities that were shared between the spouses were either mistakenly omitted from the agreement or not clearly described, resulting in the need to further litigate the issue in Court. Depending on the potential issues, reopening the case and relitigating an issue may be costly. For these reasons, we cannot overemphasize the importance of contacting an attorney early in the process. Doing so may help avoid common pitfalls and prevent the need to return to Court in the future.
For obvious reasons, personal finances can be a serious concern during a divorce. Your family’s income structure will have significantly changed. The prospect of an expensive legal battle can understandably add to that stress. Saving money by seeking an uncontested divorce may seem like the only option. As we have stated, however, short-term savings could lead to costly mistakes. It may be more beneficial to incur attorney’s fees and higher court fees up front to avoid future expenses.
If you are going through a divorce and need assistance, then contact our Little Rock lawyers today. Our firm can help you understand the process and your rights. Contact us today to schedule a consultation with an attorney. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.