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Divorce & Family Law

The attorneys at McDaniel Wolff understand that the end of a marriage is difficult. A conflict with a soon-to-be former spouse can lead to a desire to get the matter over with as quickly as possible. It is important to remember, however, that how you resolve your divorce case will have serious consequences when it comes to your family’s future. These consequences can impact your finances, your relationship with your children, and much more. Our team of premier divorce attorneys stand ready to help you through the process and provide you with the highest caliber of legal representation.

If we can assist you with a divorce or other family law matter, please call or email one of our attorneys featured on this page, or submit an inquiry via our contact form available here.

Divorce in Arkansas

Arkansas is a “fault” state for divorce. This means that the party filing for divorce typically must show that he or she has adequate legal reasons to get a divorce from their spouse. The legal grounds for divorce in Arkansas are the following:

• General indignities
• Conviction of a felony
• Impotence
• Habitual drunkenness
• Cruel and barbarous treatment
• Adultery
• Living separate and apart for 18 continuous months
• Living separate and apart for 3 years due to a spouse’s incurable insanity and the spouse has been committed to a mental health facility
• Lack of support—when the spouse has the obligation and ability to support you and does not.

One of the most commonly used grounds for divorce in Arkansas is general indignities. This generally means that your spouse has made your life so intolerable that you can no longer stand to be married to him or her. Our divorce attorneys can help you determine an appropriate basis for your divorce and make sure that the required procedures are followed.

High-Asset Divorces

In Arkansas, the general presumption is that all of the property that you or your spouse earn or purchase while married is “marital property” that must be equitably divided upon divorce. Overcoming this presumption and establishing that property is non-divisible “separate property” can often be difficult. When division of complex and valuable marital property is unavoidable, our divorce attorneys will use a comprehensive team of experts to ensure that you receive a fair division.

High-asset divorces are often complicated because of the complex nature of the property accumulated during the marriage. This property may include the division of closely-held businesses, retirement funds, intellectual property, unique real estate, securities, and other assets for which the value is not immediately apparent.

The full-service nature of our firm enables our divorce counsel to involve the expertise of our attorneys that practice in other fields such as tax, corporate law, employee benefits, and M&A. We also regularly work with outside experts such as appraisers and accountants as necessary to establish a fair division of marital property.

Child Custody

We understand that nothing is as important as one’s children. Many times separated parents are able to work together to share custody of their children, but there are also times when parents cannot agree as to how their kids should be raised. This can happen as part of a divorce or in cases where the parents were never married.

In Arkansas there is a presumption in favor of joint custody, but in some cases, a parent can prove that sole custody is in the best interests of the child. If you are a parent and concerned about your child’s well being, then it is crucial that you act quickly protect their interests. Our divorce attorneys routinely handle issues relating to child custody matters and can help you evaluate options if exclusive child custody is desired.

Child Support

Both parents are financially obligated to support a child. The court will typically order child support according to Arkansas guidelines, which calculate support based on a parent’s monthly income with certain deductions subtracted. Generally, a noncustodial parent pays child support to a custodial parent. The child support order may last until the child is 18 or until the child graduates from high school, whichever falls later.

Alternatively, if a court emancipates the child or if the child is emancipated through marriage, the child support obligation may terminate. If you are concerned about the amount of child support that you need to receive or that you are being ordered to pay, you should consult the divorce attorneys at our firm.

Spousal Support

In certain circumstances Arkansas courts may award spousal support (also known as alimony) in divorce cases. When determining spousal support in Arkansas, courts will generally look at whether one person can afford to pay spousal support to the other, and whether the person requesting the spousal support has a legitimate need. The court will consider several factors in its analysis, including:

• The assets of both parties
• The ability to obtain future employment
• The life situation of both parties during the marriage
• The parties standard of living during the marriage
• The medical needs of either party
• The duration of marriage

Unless otherwise ordered by the court or agreed to by the parties, spousal support will automatically terminate when the party receiving spousal support remarries, or under other circumstances. If you are concerned about the amount of alimony that you need to receive or that you are being ordered to pay, you should consult the divorce attorneys featured on this page.

Experienced Divorce Attorneys

Our firm is committed to helping our clients achieve their legal objectives, and we have the experience and skill to help them navigate through the emotionally taxing and intellectually complex issues that can arise in a divorce.

If we can assist you with a divorce or other family law matter, please call or email one of our divorce attorneys featured on this page, or submit an inquiry via our contact form available here.