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Arkansas Divorce Questions & Answers
0 Answers | Asked in Divorce for Arkansas on
Q: I filed for divorce in November 2022. In February 2023, husband was given the discovery/interrogation paperwork.

To date, he has not completed it. Finally in January 2024, there was a motion to compel on him but on that date I found out it had been cancelled. My attorney told me he and the other attorney had agreed that it would get turned in. It’s late February and I have not heard anything yet. Should... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... View More

1 Answer | Asked in Divorce for Arkansas on
Q: Can adult kids testify at Contempt of Court for the financial part of the divorce?

Ex spouse didn’t do any of their financial responsibilities in the divorce decree. It’s pretty straight forward. Ex’s attorney is bringing in the ex’s adult kids on to testify stating harassment, stalker behavior etc. They have no idea I’ve moved out of state and no where near any of... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

If the evidence is relevant, the court likely will allow them to testify. There is no rule that allows a parent to exclude the testimony of a competent adult child of theirs.

1 Answer | Asked in Divorce for Arkansas on
Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Without seeing the interrogatories, motion to compel, response, order on the motion to compel, motion for contempt, response, reporter’s record from the hearing on the motion for contempt, and the court’s order on the motion for contempt, it is impossible to offer an opinion as a lawyer on why... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: IS THERE A STATUE OF LIMITATION ON FILLING A HOMEWRECKER CHARGE?
T. Augustus Claus
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answered on Aug 14, 2023

In Arkansas, there isn't a specific "homewrecker" charge in the legal sense. However, if you're referring to a civil action for alienation of affection or criminal charges related to adultery, it's important to note that statutes of limitations can vary depending on the type of legal action.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
T. Augustus Claus
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Arkansas on
Q: Howdo I get a dismissed petition chapter13 bankruptcy removed frm my credit report if the filing information wasn't mine

I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.

Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
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answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: my brother n his wife r getting divorced. were up visiting them, but ex is threatening to call cops cuz she wants her ba

they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 13, 2021

If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.

1 Answer | Asked in Adoption, Child Custody and Divorce for Arkansas on
Q: In a divorce can both parties give custody of a minor to a third party? minor does not live with either parent

My god daughter has been living with me for over 2yrs. Her parents are separated (for about the same amount of time) can they sign custody over to me in their divorce? Or does that have to be done separately?

James E Hensley Jr
James E Hensley Jr
answered on Mar 8, 2021

It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you)... View More

1 Answer | Asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas on
Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 28, 2020

Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Arkansas on
Q: There's not a cohabitation clause in my divorce/ custody order. Everything is final now. But could I get in trouble?

My ex said that that that if my fiance moves in and spends the night while I have my kids, he is going to press contempt of court charges on me. But there is nothing in our divorce or custody papers saying my fiancee can't live here or spend the night while my kids are here.

Stewart Whaley
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Stewart Whaley
answered on Jun 2, 2020

If it is not addressed in the divorce or custody document you wouldn't be in contempt (it is frequently included, so make SURE that is the case). However, he can ask the court for a modification to restrict cohabitation.

I would expect that to be successful. Conservative state,...
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1 Answer | Asked in Child Support and Divorce for Arkansas on
Q: Can spouse open a child support case against the other spouse, while married in the state of Arkansas?

I was looking over my child support payments, no balance. And I always wondered if it is possible to open a child support case while married. My ex-wife opened this case in 2009 but we were divorced in 2010, so I always wondered how was that even possible to open a case while married.

Don Spears
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answered on May 25, 2020

If she was drawing support from the state they can bring an action.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: My ex wife and I remarried a yr after our divorce. She had full custody rights. Is that still in place or voided, null?
Don Spears
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answered on May 24, 2020

The issue of custody is always open for review. The issue is always what is in the best interest of the child.

1 Answer | Asked in Divorce for Arkansas on
Q: What if I want to file divorce but my husband wont move out of our home in Arkansas?

We have two children and I will be keeping the home. I can't uproot the children and cause them more trauma to get our 30 day separation but my husband isn't taking me seriously when I tell him to move out. His family doesn't want to get involved, but I can't get him to move out of the house.

Don Spears
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answered on May 21, 2020

You do not have to live separate and apart ,in the literal sense , to file for divorce but separate and apart as not being husband and wife ie no sex ,separate bedrooms etc etc. The real issue is, are you safe?

1 Answer | Asked in Divorce for Arkansas on
Q: I married a man in 2009, we separated 4 months later he wouldn't sign a divorce & he is now remarried. What can I do?

We separated after he hit my son, I have asked multiple times to please sign but he wouldn't. I have children from a previous relationship. We have no assets, children nothing! I don't know where he currently lives & have no idea how to go about getting a divorce. Please help me.

Don Spears
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answered on May 8, 2020

If he remarried without divorcing you then he is a polygamist which is criminal offense. You can go to the prosecuting attorney and have him charged.

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