Debts in Arkansas are treated just like assets in a divorce. This means they will be divided fairly and equitably, but not necessarily on a 50/50 basis. The court will consider the same factors as dividing assets, including income and resources of each spouse, among other things.
If you and your spouse do not have any property (no land, houses, personal property of any real value, no retirement) or children, then you may be able to do a pro se divorce or a divorce on your own. The clerk in your county may have paperwork to use or you be able to get the paperwork you need from Legal Aid of Arkansas or their website.
In Arkansas, vested and unvested pensions and retirement account assets are considered marital property. Any pension or retirement funds accumulated before a marriage or after a date of separation are considered separate assets and not subject to equitable distribution.
When a spouse has sex with someone other than their spouse while they are still married in Arkansas, this constitutes infidelity. Under state law, it can be cited as one of the fault-based grounds for divorce.
Spousal support The length of marriage will usually increase the length of time that these payments need to be made (this can be for the remainder of their lifetime). In short marriages, spousal support is less likely to be awarded.
Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesArkansas$165Average fees: $8,000+California$435 (Ask for a fee waiver)Average fees: $14,000Colorado$230Average fees: $11,000+Connecticut$360 (excluding paternity legal action)Average fees: $12,000+48 more rows•Jul 21, 2020
Arkansas law sets out a general base amount of 20% of the spouse's income, but there are many factors that can be considered in setting alimony. Alimony is generally based on the spouse's income, daily financial needs, health needs, and standard of life they had during the marriage.
Arkansas is an equitable distribution states. This means that all assets acquired during a marriage will be divided in a fair and equitable manner, but not necessarily 50/50. Courts will consider several factors in determining how to equitably divide property.
No, it doesn't matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests. The spouse who files for divorce will have to state a “ground”, or a reason, for the divorce.
What kinds of cases does Legal Aid accept? Legal Aid handles civil legal cases through our four workgroups. The Protection from Domestic Violence group handles guardianship, divorce, custody/visitation, and order of protection cases.
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In Arkansas, unlike many states, you must have grounds to file for divorce. Among these grounds is adultery.
Rehabilitative alimony is the most common type of support awarded in the State of Arkansas. Essentially, rehabilitative alimony is designed to help the receiving spouse gain the skills, education or training necessary to improve his or her earning potential.
Yes. In Arkansas, alimony is called spousal maintenance and it's decided on a case-by-case basis. A judge won't award alimony in every divorce case. Spousal maintenance is generally awarded when one spouse has a financial need and the other spouse has the ability to pay spousal maintenance.
Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It's therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.
Arkansas is an “equitable distribution” state when it comes to property division in the dissolution of a marriage. Parties to a divorce have the ability to personally divide their property by a signed settlement called a Marital Separation Agreement or a Property Settlement Agreement, which the judge must approve.
Legally, a divorce is required to take at least a month. The law requires that 30 days pass between the day of filing and the entry of the divorce decree. If everyone is agreeable, then we can get a divorce completed, realistically, within about 45-60 days.
between $158 and $318 per hourHow much do lawyers charge in Arkansas? The typical lawyer in Arkansas charges between $158 and $318 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Arkansas.
A do-it-yourself (DIY) divorce will be the cheapest route to ending your marriage, but it will take some time and attention to detail to make sure you have all the right forms, fill them out correctly, and follow all of the steps and requirements for divorce in Arkansas.
The fault-based grounds for divorce in Arkansas are: Impotence - Your spouse was impotent at the time of the marriage and continues to be impotent; Felony conviction - Your spouse is convicted of a felony or other “infamous crime;”
Arkansas is a fault state for divorce. This means whoever files for divorce must show that he/she has grounds or reasons to get a divorce from the...
The cost of a divorce can vary. Much of the cost depends on the other side — how much he/she is wanting to contest the divorce and how reasonable a...
If you and your spouse do not have any property (no land, houses, personal property of any real value, no retirement) or children, then you may be...
Yes, in Arkansas in order to get a divorce, you will have to prove to the court that your spouse did something to you. The only way to get a divorc...
When determining spousal support in Arkansas, the primary factor the courts will look at is whether one person can afford to pay spousal support to...
No, it doesn’t matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests....
It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately betwe...
If you want to change your name, you will need to make this request in your Complaint for Divorce, which is the document that tells the court you w...
In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You...
Child Custody in Arkansas. Child custody in Arkansas is based on several factors but is always driven by what is considered the best interests of the children. Courts have a fair amount of leeway in determining physical and legal custody and will base decisions on things such as: The sex and age of the children.
After a final divorce decree has been approved, legally splitting pensions and other retirement funds is done by having an attorney or a specialized firm create a qualified domestic relations order, more commonly referred to as a QDRO.
If a spouse is caught, they will be punished and may end up facing civil and possibly criminal penalties. A judge may also decide to award full value of the assets in question to the other spouse as part of the penalty. Read: How to Find Hidden Assets in a Divorce.
Child Support in Arkansas. Child support in Arkansas is based on the Percentage of Income Formula. Essentially, this means that the court looks at the amount of income that the noncustodial parent earns and then applies a percentage of that income for child support.
Gifts and Inherited Property. In most cases, gifts to one spouse and inherited property are considered separate assets and are not split in an Arkansas divorce. However, when an inheritance is spent inside of the marriage in a way that benefits both spouses, it can become marital property. This commingling can add a level ...
In Arkansas, property one spouse owned before a marriage, or property that was given to them by a gift or inheritance during a marriage is generally considered separate property and not subject to a division of assets. The exception to this is when separate assets are commingled with marital property during a marriage.
In Arkansas, vested and unvested pensions and retirement account assets are considered marital property. Any pension or retirement funds accumulated before a marriage or after a date of separation are considered separate assets and not subject to equitable distribution.
There are 8 fault-based grounds for divorce in Arkansas. Any of these grounds must have happened in the 5 years prior to filing for the divorce and they have to happen in Arkansas.
Adultery - Your spouse cheats on you after the marriage; Incurable insanity - When you and your spouse have lived separately for 3 years because s/he is incurably insane and has been committed to a mental institution for 3 years or more before the filing for divorce; or.
This is called “contesting the divorce.”.
Alimony in Arkansas may be indefinite (permanent) or it can be rehabilitative (temporary). If the judge thinks it’s appropriate, s/he will order a reasonable alimony amount based upon the circumstances of you and your spouse and the nature of the case. 1.
Note: Arkansas is one of a handful of states that allow covenant marriages aside from the traditional marriage. This is a different type of marriage in which, among other things, the couple agrees to counseling before the marriage and to more limited grounds for a divorce if they decide to get one in the future.
Basically, this means that it was no one’s fault in particular that the marriage fell apart but that the reason for creating that union no longer exists. There is one no-fault ground for divorce in Arkansas: Separation - You and your spouse have lived separately for a continuous period of 18 months or more. 1.
Under Arkansas statute, no-fault divorce is granted only when the parties have lived "separate and apart" (no cohabitation) for 18 continuous months. A legal separation is not necessary for meeting this requirement. Additionally, a party may file for divorce for any of the following faults:
Every divorce case is unique in some way, and the best way to ensure that your particular concerns are addressed is to work with an experienced divorce attorney in Arkansas. After all, a divorce lawyer will know how to negotiate with the other party and ensure a relatively successful outcome.
How to Divide Property in Arkansas After a Divorce. If a judge is dividing property in a divorce, they must divide it on an equitable basis. While this usually results in a near 50/50 split of property, it doesn’t always, and the judge can divide property unequally if they believe that is fair.
If both parties don’t agree to terms for the divorce, there will be a contested divorce. The filing process is the same, but the path diverges from there. After the second spouse is served, there will be a discovery process where both sides gather evidence and talk to witnesses.
Rehabilitative alimony is ordered after the divorce, but only lasts long enough to give the supported spouse time to get the education or training they need to support themselves. Finally, there is permanent alimony, which lasts until death and is increasingly rare.
To start, one spouse files a divorce complaint in the county where they live. The other spouse is then served a summons, either by agreement or via a local sheriff’s department.
If a mediation doesn’t work, there will be a trial where evidence is entered and witnesses are called.
For a fault divorce, you can claim the following grounds: Impotence. Conviction of a felony. Abusing alcohol for at least a year. Cruel treatment endangering the life of the other spouse. Causing intolerable humiliation, embarrassment or shame. Adultery.
Many married couples have an estate plan, but things change once you get divorced. During the marriage, your spouse likely would have gotten all your assets if you were to die. You may want to change that now. If you want assets to pass along to any minor children, you’ll need to establish a trust for them.
During the separation period of 18 months, your spouse and you should not have cohabited. If you live together even for 1 day after separation, your 18-month period will begin all over again. Usually, separation for a period of 18 months and general indignities are the most common grounds for divorce in Arkansas, as these are easy to prove. ...
Residency: To file for a divorce in the state of Arkansas, your spouse or you must have resided in the state at least 60 days before you file for divorce and for at least 3 months until the judgment is given.
Some of the forms needed to file for a divorce in Arkansas are: Answer Form: This form shows proof that the copies of the divorce papers which have been filed have been received by the other party. Dissolution of Marriage: This form consists of the dissolution forms and the marital settlement agreement.
The first step to filing for a divorce in Arkansas is to fill out the proper forms and then submitting or filing them in the county court. The first form you must complete is the “Complaint for Divorce”, which must state that either your spouse or you have been a resident of the state of Arkansas for at least a period of 60 days ...
However, this is a more complex process, as you will then have to prove the grounds. The fault-based grounds in Arkansas are: Alcoholism. Impotence.
If your spouse and you are not able to agree on the various terms of divorce such as property division, alimony, child custody and child support, etc. , then this is known as a contested divorce. This can be a long, expensive and difficult process, which may require you to hire an attorney to represent your case in the court, resolve the disagreements and protect your interests.
In Arkansas, the child custody law determines the custody on basis of the best interests and welfare of the child irrespective of the sex of the parent.
If you have been living in Arkansas for the last 60 days or more, you can file divorce papers in this state.
A settlement in a contested divorce is a ruling made by the judge on how your marriage should be dissolved.
Arkansas divorce law realizes that splitting a family into two households can put a financial strain on one spouse.
The judge in your case will not have to award alimony if you and your spouse reach a settlement agreement before you file your uncontested divorce papers.
Lawyers are the default choice for many divorcing couples, but they are also the most expensive option.
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Tradition wins over common sense sometimes, and this is a great example. All court documents will ask for attorney’s fees, even if they are not allowed or are uncommon in whatever type of case it is about.
All clients in divorces or other domestic cases will have to pay their attorney’s fees up front and should not bank on the judge ordering reimbursement by the other side.
Divorce, in Arkansas, is initiated when one spouse files a “complaint” in a circuit clerk’s office in the county where they or their spouse resides. This complaint is the divorce petition essentially asking the court that the marriage be dissolved because of the reasons stated in it. There’s some way to go before the court actually grants ...
For non-covenant marriages, at least one of the spouses must have been a resident in Arkansas for at least 60 days. If you do not live in Arkansas but are filing to divorce a spouse that does, you should file in their county of residence. For covenant marriages however, both spouses must be domiciled within the state before you can file ...
This period is 2 years for covenant marriages and 18 months for non-covenant marriages.
There are two basic types of marriage in Arkansas. They are the Covenant and non-Covenant marriage. Although these marriages have no difference in terms of the responsibilities of the spouses towards each other while it is ongoing, there are some material difference between them as regards procedure for creation and dissolution.
Fault: As the name implies, this means that one of the spouses was responsible for the breakdown of the marriage and the circumstances that now lead to divorce. The grounds that may be proved here include that the spouse has…. Committed adultery.
For a covenant marriage, you will have to wait for 2 years during which time there must have been no marital contact between you and your spouse.
In a covenant marriage, it is generally understood that the parties are making a very real commitment towards staying with each other and building a family together. Due to this, there is a lot more emphasis on staying together and this intent is declared time and again all through the process of entering into the marriage.
In addition to the above requirements, with each type of marriage, at least one spouse must meet the state's residency requirement of 60 days living in Arkansas before filing, and you must wait at least 30 days before the court can take any action on your request.
Trial Separation in Arkansas. A trial separation is a way for couples to test the waters on a real separation or divorce. Couples will typically live apart for a prescribed period which allows them to reassess the direction of their marriage, without court intervention.
Some other typical reasons for deciding on separation rather than divorce may include: using the separation as a trial run for a divorce. either spouse holds a religious, social, or moral objection to divorce. there's a possibility of reconciliation and divorce is too permanent, or.
An example of the acceptable grounds for separation from a covenant marriage includes a felony conviction, physical abuse, or sexual abuse. You can also request a separation if you can demonstrate that you and your spouse have lived separate and apart, without reconciliation, for at least two years.
If you've reached a breaking point in your marriage, it's possible that you're considering divorce. The divorce process begins when one spouse files a petition for divorce with the local court. Contrary to popular belief, most divorces settle before they reach the stage that involves nasty court-room fights and mud-slinging.
Legal separation is like divorce in that the process begins with one spouse filing a motion (request) with the court, the couple decides the same legal issues, and creates an agreement. In both legal processes, the court decides all issues if there are disputes over the terms of the divorce or separation. The critical difference between ...
Some couples pursue a separation because one spouse needs to remain on the other's health insurance. Others may continue to stay married because of the valuable tax benefits afforded to married couples.