Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.The courts are very very hesitant in granting a divorce where custodial rights or property rights are not yet finalized. The courts, based on public policy, first want to ensure that the children and their rights are covered before they grant a divorce from taking place. In very rare instances you could file for a 'bifurcated' divorce, which is a divorce that is granted but without having other issues, mot commonly property split issues, yet resolved. But this is a very complex, and potentially a very expensive option for which you would need counsel. In theory it is possible, but it is usually not a very practical approach, and even then it is generally done for property disputes and not for custodial rights.Good luck.
Unless there is an actual case, what you've told me, I am already aware of. I wanted to know if there were a case, if so what case and ruling?
Brittany,I see that you rated my answer as poor. What specifically did I fail to address, or are you just not happy that the type of divorce you are seeking to pursue is not really possible based on your facts? Please advise, as I have attempted to honestly and properly explain your options, and I personally have no control over the law or what your options may be.Furthermore, family law cases are generally unpublished--they become published only if they are appealed and go to a higher court. The main case in Arkansas on bifurcated divorce is Forrest v. Forrest, 279 Ark. 115, 649 S.W.2d 173 (1983), which allowed it, but only for property settlement.
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