John D. Miller III has always been driven by a deep commitment to service. With a natural capacity for empathy and compassion, he excels at guiding clients through some of the most challenging and emotional transitions of their lives. His client-focused approach and supportive presence make him a trusted advocate in the practice of family law.
Jackson Steiner is an associate attorney dedicated to helping clients navigate family law matters with clarity and confidence. A graduate of the University of Arkansas School of Law, Mr. Steiner brings strong academic distinction and a commitment to professional excellence to his practice. He works diligently to ensure each client feels informed and supported throughout their case.
Mr. Orr has prior experience in multiple areas of law, including administrative, criminal, appellate, and foreclosure litigation. His open-mindedness and dedication to helping clients understand their options are what set him apart. Before becoming a lawyer, Mr. Orr taught high school Civics while working part-time at a grocery store. Both roles inspired him to pursue a career in family law.
“My coworkers would often talk to me about the difficulties they had in navigating divorces, child custody, and visitation. I decided to go to law school so that I could help people who are facing the most difficult moments in their lives,” Mr. Orr says.
The basic steps of filing a divorce in Arkansas include the following:
To file for divorce, you will need to complete each of the following documents, which you can find on the Arkansas Judiciary website, or allow your divorce attorney to provide them to you:
To file for divorce in Arkansas, you must meet the state’s residency requirements. This means you must have met the following under (Ark. Code §§ 9-12-306(c), 9-12-307(a)(1)(A) (2022).)
Utilize our free download, Divorce Roadmap, for a breakdown of the entire divorce process in Arkansas.
Arkansas is a fault divorce state. This means the plaintiff (filing for divorce), must prove there are reasons, referred to as grounds, for the divorce. No-fault grounds and fault-based grounds exist.
No-fault grounds indicate that both parties agree the marriage did not work, but neither party was more to blame than the other. To meet this requirement, you and your spouse must have lived apart from each other for 18 months or longer continuously.
In a fault-based divorce, the plaintiff must provide information about what they believe, or allege, the other spouse to have done to damage the marriage. There are eight specific fault-based grounds recognized in the state, including:
Arkansas is an equitable division of property state. This means property accrued during the marriage is divided in an equal manner. This may include all real estate, investment accounts, retirement accounts, and any other assets.
The court can rule that the division of property may be equitable and not necessarily equal. If one spouse, for example, has a much higher ability to earn an income because the other raised the children and did not work, that may play a role in the divorce.
Unequal distribution of property is possible under Arkansas divorce law in situations where it is clear that it is necessary or a rightful decision. One example may be one spouse receiving more of the marriage property because the other took trips alone.
In the case of real estate, the parties must agree to sell it or otherwise split the equity within it. If that does not occur, the Arkansas court cannot legally order the private sale of the property, but they can order an auction.
Division of assets, including the family home, is complicated in many situations when parties do not agree. Read our article, “What To Do With the House?” for more insight.
There are several types of custody considered for most divorce cases. In every situation, the court’s objective is to provide for the child’s best interest, and neither parent has any legal right to the child if it is not in the best interest of that child. The types of custody include:
In joint custody, sometimes referred to as friendly parent provisions, each party has equal rights to custody, visitation, and care of the child. In this case, the child is likely to live with one party part of the time and the other parent part of the time. Both parents make decisions for the child.
In the absence of legal issues or concerns about the child’s wellbeing, joint custody is considered ideal as providing for both access to mother and father is beneficial.
The second type of custody is contested custody in which the two parents cannot come to an agreement on what is best for the child. The court will then allow both parents to provide information to determine who has child custody. This is done based on the best interest of the child.
Factors impacting custody decisions may include:
Custody of the child is always done based on the best interest of the child. Factors like domestic violence or poor relationships can play a role in the awarding of any child custody.
Arkansas legal services can help to mediate decisions between parents in an effort to help them come to agreements including on child custody, visitation rights, and child support. If the parents cannot come to an agreement together, the court will make decisions.
If visitation issues occur after the divorce, the Arkansas Office of Child Support Enforcement provides resources and works to manage disputes when family members cannot do so together. This includes taking rapid action when there is concern about the safety and the welfare of the child. These instances should be reported immediately. It is critical to act quickly but to utilize a law firm to help protect your child and your rights. (Arkansas OCSE will not get involved in any custody or visitation issues. They only will get involved in child support issues).
It is, also, important to note that joint custody is the presumption in Arkansas. This means the Court will award joint custody unless someone proves why joint custody cannot work. The person who is not wanting to do joint custody will have the burden (clear and convincing evidence) why joint custody cannot work. This is a high burden. Usually, the Court will look to distance of the parents, abuse issues, alcohol issues, drug issues, and stability issues when determining why there cannot be joint custody.
Learn more about how to do so in our article, “Obtaining Emergency Temporary Custody of Your Children.”
In the ideal world, with legal support, parents come to an agreement on child support. However, if this is not possible, the parents will be ordered to pay for child support based on the Arkansas Family Support Chart.
You can review Arkansas Child Support Guidelines on the Arkansas Judiciary website, and you can also utilize the child support calculator. The Arkansas Office of Child Support Enforcement oversees this process. They offer guidance in areas such as:
Child support is now based on the income of both parents.
Read our more thorough explanation in “How Child Support Is Calculated.”
Alimony or spousal support as it’s referred to in Arkansas, is another factor that must be considered as a component of divorce and legal separation. Unless there is a prenuptial agreement in place, financial support from one spouse to the other is determined based on several factors.
Typically, spousal support is a temporary order paid. To request spousal support during a divorce case, the plaintiff must provide a written request for it as a component of the divorce case, documenting why they believe it is necessary.
Spousal support can be temporary or final after the divorce. The trend lately has been rehabilitative spousal support which means someone is paying a certain amount of money for a certain amount of time until the other party gets back on their feet after the divorce. However, the Court does have the option to do lifelong spousal support. Spousal support is very discretionary in Arkansas, meaning it is up to the Judge as to how long spousal support will last and how much the person will have to pay.
The judge will likely consider a wide range of factors in making decisions about spousal support, including as noted under Ark. Code Ann. §9-12-312:
Other factors may be considered as well. With the help of Arkansas divorce lawyers, it may be possible to prove the need for alimony.
Read our more thorough explanation in “Will I Have to Pay Alimony?”
Cordell & Cordell is committed to providing our clients with legal representation in all practice areas we offer, including managing even the most complicated family law issues. With extensive experience, our law practice is committed to providing each individual with the level of care and support they need when navigating the divorce process in Arkansas.
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Cordell & Cordell is a national law firm in over 30 states noted for our strong efforts to help clients with their legal needs, especially in the area of family law. Our Little Rock office is a resource for you. Learn more about how Cordell & Cordell can help you by filling out our contact form or calling 866-323-7529.
This page serves as a resource to provide general information. It is not meant to be taken as legal advice.
Cordell & Cordell Little Rock divorce attorneys Giana M. Messore and Trent Thomas recently were named to the Arkansas Life list of Top Attorneys for 2018.
Cordell & Cordell announced the opening of a new office in Little Rock, the firm’s first office in Arkansas.
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