Domestic Relations

Providing full service to our clients, particularly as a complement to our estate planning and tax services, sometimes means assisting clients in their private as well as their business lives. We have justly earned a reputation for handling high profile divorces in a low profile manner.

Our approach to divorce cases is to provide clients with realistic goals and expectations in their divorce case. This means counseling the client on what he or she may expect in the case from opposing counsel, the judge, and the other spouse on all issues including pre- and post-nuptial agreements, division of property, division of debts, alimony, and child custody/visitation. While many divorce cases settle, some do not and require a trial before a judge. We advise clients on the benefits and risks associated with settlement of their divorce case as well as the benefits and risks of letting a judge decide. This advice necessarily involves a realistic assessment of the costs involved in the case.

There are a number of frequently asked questions posed to us by clients in divorce cases. We have shared some below. The answers are based on our experiences representing clients in divorce cases and are not intended to constitute legal advice, as each and every divorce case is different and advice must be given on a case-by-case basis.

Question: Does it matter which spouse files for divorce first?

Answer: It is a common misconception that the spouse to file first will benefit in the case from the filing. In our experience, that is not the case. There are practical implications of being the first to file a divorce case, including being the party who must present the proof required under Arkansas law to obtain a divorce.

Question: How much does a divorce cost?

Answer: This question, unfortunately, has no specific answer, as each case varies. It may cost as little as $2,500 to as much as $50,000 or more, depending upon the issues involved in the case. Also, there are filing fees and other fees assessed by the courts.

Question: How long will it take for the divorce to be final?

Answer: This question has no set answer. Under Arkansas law, there is a mandatory 30 day waiting period from the time a complaint is filed before a divorce can become final. However, in our experience, even the most amicable divorces take three to four months to complete. A case typically takes longer when there are more issues involved in the case or when the parties are more disagreeable with each other. Those cases typically are resolved within eighteen (18) months.

Question: Does everything get split 50/50?

Answer: Maybe, maybe not. Arkansas law applies a system of equitable division of property in divorce cases. What this means is that property is divided into 2 categories—marital and non-marital. Generally, marital property is split 50/50 between the parties and non-marital property goes to the spouse that owns that property. At issue in many cases is whether certain property is marital or non-marital.

Question: Can an attorney represent both spouses where the spouses are seeking an amicable divorce?

Answer: No. This is prohibited by the ethical rules that apply to attorneys.

If you would like more information on our firm’s domestic relations practice or are considering a divorce, please contact Richard T. Donovan or Amanda K. Wofford. Both practice in the area of general litigation and devote a significant amount of time to divorce cases.