Jonesboro, AR – (JonesboroRightNow.com) – At Rees Law Firm, we provide services in criminal law, family law and personal injury. We’re breaking down the steps involved in some of our family law services.
At Rees Law, our family law services include divorce lawyers, child custody, paternity, order of protection, guardianship and alimony. We will specifically be explaining the steps involved in getting a divorce, child custody and guardianship.
With each service, the laws will vary based on your situation and the nature of the case, but we can help with all steps of each process. Our experienced attorneys can help you understand the laws and processes, navigate the legal system, and build a strong case to achieve the best possible outcome.
Divorce:
In divorce proceedings, the general steps include the initial filing, service of process, response, discovery, mediation, trial and final decree.
The first step in the process is called filing, in which a petition for divorce is filed with the proper court. We can help you with drafting and filing the proper paperwork.
The next step is service of process, in which the other party is served with divorce papers. Depending on the case’s nature, it can be done by a sheriff, a process server, or certified mail.
After the papers have been served, the other party has a certain number of days to respond. No response means the court can proceed.
READ MORE: No Contact Order, Order of Protection, and Restraining Order
The next step is the discovery process, in which parties gather information from each other with questions, depositions or document production requests.
After this step is mediation, in which both parties work with a neutral third party to resolve the divorce. This can be court-ordered or voluntary.
If mediation does not result in a resolution, the divorce case will proceed to trial. Once the court makes a decision, the judge will issue a final decree of divorce, a legal document that officially ends the marriage.
Child Custody:
After a divorce, custody of any children will need to be determined. The court can award joint custody, in which both parents can share legal and physical custody of the child, or sole custody, in which just one parent has legal and physical custody.
While the nature of Arkansas child custody laws will vary based on the specific case, one thing that remains consistent, regardless of a case’s nature: custody is determined based on the child’s best interest.
When determining custody, the court will consider the following:
- The child’s bond with each parent (if the child is old enough to express a preference, that will be taken into account)
- Each parent’s ability to provide a stable home environment
- How well the parents can co-parent
- The child’s physical and emotional needs, such as the child’s age, health, and any special needs they may have.
- The parent’s history of abuse or neglect
- The child’s ties to the community (this can include the child’s relationships with family and friends, as well as school and extracurricular activities)
Guardianship:
Guardianship is a legal process in which the court appoints an adult to make decisions on behalf of a minor or incapacitated person.
The first step of the guardianship process is filing a petition, in which a parent, relative, friend or court-appointed attorney files it with the appropriate court. After this is filed, notice to all parties, including the ward and legal representatives, must be provided.
Next, the court will investigate and evaluate the proposed ward and guardian. Once this is complete, the court will schedule a hearing to determine if guardianship is necessary and if the proposed guardian is appropriate. If guardship is found to be necessary and the proposed guardian is deemed appropriate, they will be appointed.
Appointment grants the guardian legal authority to make decisions on the ward’s behalf, including healthcare, finances and living arrangements. The guardian is also responsible for providing regular reports to the court regarding the ward’s wellbeing.
For more detailed guidance tailored to your specific situation, don’t hesitate to reach out to us at Rees Law Firm.