Top 5 Most Frequently Asked Family Law Questions
I have been a licensed attorney for almost 10 years and have worked at the Center for Arkansas Legal Services for eight years. Since the beginning of my work as an attorney, I tend to get asked some of the same things from nearly every new person that I encounter. Therefore, I wanted to go over a few of those questions with you now.
1. How long will the divorce process take?
This is probably the most common question I get asked, but, in some ways, it is also the most difficult to answer. Honestly, I have no idea how long it will last, and no attorney can answer that. There are too many unknown factors upfront to be able to answer that question. If everyone is in agreement on all the terms and everyone will sign off on everything, you could be done in thirty days. The length of the process really comes down to the issues involved and how cooperative the other party will be.
2. Why do I have to do joint custody when I have done all the work?
The wording of this question has changed a bit, but the premise remains the same. The law in Arkansas has changed to joint custody. If one party does not wish to have joint custody, the burden falls on them to prove that joint custody would not be in the children's best interest, and they would need to do this with clear and convincing evidence. This is a very tough standard, and simply stating that the other party has never taken care of the children in the past will not be enough. The standard has changed to treat all parents the same. With all things being equal, both parties should have equal time with the children. The Court does not look at it as “what has the other party never done before,” but rather, are they “capable of doing it going forward.” Unless there are clear issues with one party (drugs, abuse, etc.), the Court will likely award joint custody.
3. If I do joint custody, can I still get child support?
The short answer is yes. The basic idea of joint custody is that both parents will have equal access to the children and will equally split expenses related to the child. The idea would be that each parent will be financially responsible for the children when they are in their care, and the parents will split the bigger expenses. However, if there is a disparity in income between the parties, the Court will take that into consideration and will likely award some child support. The most likely amount would be the difference between income amounts based on the child support chart.
4. If I have an Order of Protection hearing, what do I need to do?
These hearings will often come down to he said versus she said. Therefore, any Petitioner in this action will need to help their case by using anything or anyone to strengthen it. If you have any pictures of injuries or bruises, bring those with you. You will need to print out the pictures and bring three copies. You will not be able to use pictures on your phone as evidence. If there were witnesses to the abuse, make sure you have them come to court with you. While you will not need three or four people all saying the same thing, one or two will be fine and will not get repetitive. I know testifying can be very anxious, but you need to be clear and go into details on the stand. It can be hard to go over all the details in a public setting, but it is very important to do so while on the stand to give yourself the best chance to win your case.
5. What do I need to do to get my kids back in a guardianship case?
In some guardianship cases, the Judge will lay out the reasoning for the guardianship in the first case. If that happens, the first thing you need to do is to make sure you have checked all those boxes. The main thing the court will look for is stability. If a guardianship was just entered, you would likely need at least six months before coming back unless you consented to the guardianship. Otherwise, it would be difficult to show stability over a short period of time. Once you get to that point, the court then looks at the usual suspects. They want to ensure you have a suitable home, employment/income, no pending criminal charges, and no substance abuse issues. Those will be the first points you would need to prove. While things are done differently in each county, it would be difficult to get your children back if either of those issues are not settled. If you feel that you can pass all those points and there are no other issues, you can Petition the Court to terminate the guardianship. The good thing about guardianships is that they generally remain open, so you would likely be able to re-file without the usual fee of re-opening a case.
For more detailed answers to these questions and others, call an attorney of your choice (https://mx.arkbar.com/Attorneys/Arkansas-Find-A-Lawyer). If you would like to see if you qualify for our free services, call us at 501-376-3423 to speak with our helpline.
AUTHOR: JEFF THOMAS, STAFF ATTORNEY, FOR THE CENTER FOR ARKANSAS LEGAL SERVICES