It is not easy to end your marriage, especially when you have tried to salvage it through counseling. It is natural to wonder if those attempts, even if unsuccessful, have legal repercussions.
Can we get into divorce proceedings right away?
Arkansas, as a no-fault” divorce state, does not need you to prove your spouse did something wrong to obtain a divorce. However, one thing that sets the state apart from other “no-fault” states is a separation period of 18 months. If you and your spouse have not cohabitated within that time and counseling does not prevent the divorce, you can say it would be the best option for you both.
Take note that counseling sessions usually maintain confidentiality. Arkansas law protects these discussions. This means you and your spouse typically cannot use statements made in counseling as evidence in court.
How will the divorce affect our children?
In Arkansas, the court’s primary concern in a divorce case is to determine what is in the best interest of your children. Arkansas courts shall consider the following factors when determining custody:
- The relationship between each parent and child, including affection and emotional ties
- The ability of each parent to provide a stable and loving environment for the child
- The willingness of each parent to encourage a close relationship between the child and the other parent
Failed counseling efforts may not directly impact the court’s decision on custody, but they can influence the court’s perception of each parent’s willingness to cooperate and prioritize the child’s needs.
How can I move forward during this time?
Understanding the legal framework surrounding divorce and its intersection with counseling is essential. Working with a legal representative can give you a clear idea of your rights and obligations, allowing you to make informed decisions and make the best choice during this complex process.