Understanding The Divorce Process
The decision to get divorced is not only emotional, but it can make people act on impulse without realizing the ramifications of their decisions. Before this happens to you, you should seek out experienced counsel that can protect your interests and your peace of mind.
At Robertson, Oswalt & Associates, we are devoted to ensuring that we make the divorce process as easy as possible by answering your questions and providing you with sound information that can facilitate the process smoothly. We are here to provide you with detailed guidance when you need it the most. For instance, you may be wondering:
Does it matter which spouse files for divorce first?
Generally, the answer to this question is no, it does not matter which spouse files and it does not give someone an advantage in court. We encourage people who are contemplating filing for divorce to contact us so we can speak with you confidentially about your goals and the issues that will have to be addressed to reach a fair divorce agreement that meets your needs and will be approved by the court.
Once a divorce action starts, how do I make sure the bills get paid?
Although you will eventually no longer be legally linked to the other party, you must take care not to neglect your financial obligations while your divorce is pending. Our divorce attorneys in Little Rock can help you negotiate with your spouse regarding who will be responsible for what bills. If a temporary settlement cannot be reached, we will seek guidance from the court.
Whatever bills are in your name, from the mortgage to any other bills, must be paid so that your environment remains stable for the children and you remain in good standing with creditors. Even though Arkansas requires physical separation in order to grant a divorce, if both spouses must remain in the marital home or one moves to a relative’s home, we can help you draft an agreement and/or represent you at a temporary hearing that addresses all of these issues.
How do I protect my assets?
Many people are tempted to clear out joint accounts to make sure they have money for expenses or to hurt the other spouse. This is rarely a good idea. You should only take enough to survive before you appear in court or otherwise make an agreement with the other person to allocate and divide property.
One exception to this advice is if there is family violence, a history where one spouse solely controlled all the finances, or one spouse has no income without assistance from the other spouse. If you are in any of these situations or believe there may be hidden marital assets, we can help you make legal decisions that deal with these circumstances.
What if I am already seeing someone else once the divorce has been filed?
While moving forward with your life is fine, we recommend not moving in with a new partner until your divorce is finalized. Property division and child custody disputes can be affected by these types of new living arrangements and it may not viewed favorably by the court.
What should I tell my children about the divorce?
You know your own children best, including what they understand, what they can handle, and what is appropriate. It is important to reassure them that it is not their responsibility to figure out a custody solution or burden to take a side. Never use your children to hurt the other parent. Most parents’ primary goal with their children is to raise them to be well-adjusted, happy adults. Your behavior during and after your divorce plays a vital role in the way your children develop emotionally.
Helping You Think With Your Head, Not Your Heart
Before you make an emotional decision, contact us by completing a brief online form or by calling us at 501-588-4451 or 866-311-3815. It is important that you know the legal ramifications first before you act.
We are here to protect you and fight for what is in your best interests. We offer confidential consultations and are dedicated to providing cost-effective legal representation, accepting Visa and Mastercard. Payment plans are available.