Contested Divorce

The typical divorce case is contested in nature, meaning that each party has a different idea of how the major issues should be addressed.  Each party hires an attorney, and those issues are addressed at a set of court hearings, where the judge hears evidence and testimony from both sides before ruling on those issues.

 

Often, in cases involving children, custody is the main issue. Under Arkansas law,  the courts disfavor true joint custody arrangements (evenly dividing the time between both parents), so it is no surprise that custody is one of the most contentious issues in a divorce.

Property division and debt allocation are also typically at stake, with each of the parties trying their best to get their fair share of the assets left over after a failed relationship.

We will guide you through the divorce process, giving you advice on how to gather evidence, procure witnesses that will benefit your case, and secure documentary evidence that supports your position on the various issues involved in your case.

We will notify you of impending court dates, and work with you in our office to prepare for court and for depositions, where you may have to give testimony under oath outside the court setting.

If necessary, we will employ leading experts to testify on your behalf, in order that the evidence the Court considers in your case is supported by strong science and an attention to detail.

What is an Uncontested Divorce?

A party may employ an attorney to represent her in an uncontested divorce when both of the parties have already worked out all of the “issues” in the divorce case.  These issues include custody, visitation, support, division of property, division of debts, and any other lesser issues that fall under those categories.  The attorney then drafts up all of the relevant legal documents in order that the parties agreements might be solemnized in a legal document acceptable to the Court.  Finally, there is sometimes a short hearing in which the attorney elicits some testimony from the party and a corroborating witness, and the Court grants the divorce.

Of course, all of this is contingent on the other party agreeing on those issues, and signing off on the documents.  When someone “changes their mind” and decides to contest any aspect of the proceedings, the uncontested divorce quickly turns into the contested divorce.

We handle uncontested divorce cases all over Central Arkansas, and would be glad to speak with you or a loved one about their issues at no initial charge.