How is a civil union impacted by a divorce?
A civil union in Arkansas is a legally recognized union between two individuals who both provide consent to legally bind their relationship. The couple must be of the same sex and at least 18 years of age. When a civil union is impacted by a divorce, the same legal dissolution of the marriage applies. Such an event is generally referred to as a “civil union dissolution”. The court must adhere to the same rules and procedures as when two married individuals seek a divorce. This includes matters such as asset and debt division, child custody, and spousal support. The court evaluates the facts and circumstances of the case to determine an equitable and fair outcome. Should the civil union partners have children, the court will also determine the rights and responsibilities of both parties in respect to the children - including visitation rights, child support, and adoption rights. In cases where one or both of the parties is not an Arkansas resident, matters may become more complex and require additional paperwork and court appearances. The court must be satisfied that the procedure used is fair and that the terms of the dissolution are in the best interests of the child or children. During a civil union dissolution, both parties may be represented by their own attorneys to look after their individual interests. This means that the entire process may be quite expensive and may take a long time to be completed.
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