Law Office of David Heasley

At this time, it appears the market price for an uncontested divorce in the local area  has dropped $50 recently, with one attorney now advertising his attorney fee of $300 without children, and adding $500 for children.  That would bring the cost of an uncontested divorce locally to ( $195 filing fee)  $495 without children and $695 with.

A simple will can be prepared for a client for a relatively small fee.  Some types of property transfer outside of probate, (such as a home owned by the husband and wife or bank accounts with instructions for the account to go to another upon the owner’s demise),  and   there are  statutory provisions for family members that should be taken into consideration (ability of a spouse to take a share against the will,  consequences of not mentioning children in a will).   A will should have a safe, known location, and the executor/executrix of the will should be consulted to make sure they are comfortable with the responsibility.    The witnesses to a will should be picked for knowing the testator/testatrix, not have an interest in the will, and be able to be located if there was any questions as to their actual witnessing the will or their belief that the testator/testatrix was of sound mind.  How a will functions,  estimated costs of probate, what the difference is between a small estate and when  full probate administration is required, how creditors are paid during the process, how to deal with specific personal property items, putting in alternative provisions for alternative beneficiaries or executor/executrix……are part of why an attorney should be consulted in a will’s preparation.  It’s not the form of the will just being filled out, as much as a better  understanding of the process of probate, and how they fit a specific client’s situation in terms of property, debt, and potential heirs that an informed client should obtain from having an attorney prepare a will.  Wills should be periodically reviewed and updated due to the changing nature of life, and for those who seek a greater control of their assets and wish to avoid the probate process—understanding the way the will works helps determine when a trust is preferable.

A review of the website http://www.dfa.arkansas .gov/offices/ChildSupport should help answer most questions pertaining  to how the state’s child support agency handles its cases and what services it provides.  Since the economy is changing so rapidly, the amount of child support initially set can quickly be outdated based upon the actual financial means of the non custodial parent.   Having an attorney review the amount being paid or proposed to be paid might prevent significant overpayments or underpayments of child support.

Step parent adoptions can be affordable and relatively uncomplicated if there is no contesting of the adoption by the natural father.  A full explanation of the process based upon the specific facts of each proposed step parent adoption should take place in an attorney’s office.

      Two procedures that complicate and simplify divorces between the different counties are:  (1) parenting class (if there are kids), where the Judges may send parents to parenting class if they decide to, and some counties do that automatically—whereas, at this time, Saline County does not, and (2) whether the Court allows deposition testimony or requires an actual physical hearing to complete the divorce.     Questions to be asked by the prospective divorce client is what the  procedure for divorce is in the county in which the divorce will be filed, and (if there are children) whether parenting classes are required by the Court before the divorce is completed.

If the marriage is a covenant marriage, that must be specifically put into the complaint, and the covenant marriage requires more effort to obtain a divorce from than a regular divorce.  The Arkansas grounds for divorce are listed in Arkansas statute 9-12-301 and are: (1) impotentcy (2) felony conviction (3)(a)habitual drunkenness of over a year, (b)cruel and barbarous treatment endangering life, (c) personal indignities to the other party rendering life intolerable (4) adultery (5)18 months separation without cohabitation (6) 3 years separation if one of the parties is insane and committed into an institution.

Certain information is needed at the initial interview that goes into the complaint, or will be needed to complete the paperwork necessary to complete the divorce.  In the complaint, the necessary information includes the legal names of the husband and wife, when they got married, when they separated, how long they’ve lived in Arkansas, whether there are any children born during the marriage, and the  grounds for divorce.   If there are children involved, then additional confidential information is required for the child support purposes, and an affidavit of financial means is filled out by the non-custodial parent to enable the Judge to set child support.  The location of the Defendant is necessary to get the complaint served.  The client should provide all contact numbers possible to the attorney, and if the client has email then that’s a better way to provide the client with updates and a copy of the filings.  The couple’s known debts and assets, including any retirement or pension accounts, should be discussed with the attorney so the client can be advised of what to expect as far as how the Court could possibly divide the assets and debts.  If there are or have been other legal matters such as  bankruptcy, an existing personal injury claim, a current lawsuit against either of the couple, or any past or present criminal charges—-those matters should be discussed with the lawyer since they can impact either the divorce process itself, or result in post-divorce litigation if not dealt with during the divorce process.  The client should know that the filing fee for divorce (in Saline County) is currently $195, and should expect that even with a payment plan, it will probably be necessary to have more than that amount to get the attorney to start the divorce, and that for most divorces at least thirty days must go by before a divorce decree can be presented to the Judge for his signature.