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Arkansas Questions & Answers
1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: I am going through a divorce. MY spouse and I have had 3 sexual encounters but he tells me not to tell anyone, why?/

We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...

Dustin A. Duke
Dustin A. Duke answered on Dec 12, 2019

One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.

1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If i have a first time shoplifting citation, will I go to jail?
James E Hensley Jr
James E Hensley Jr answered on Nov 30, 2019

It would be rare to have jail time on a first charge of shoplifting. I figure you are charged in Arkansas. Shoplifting is a misdemeanor but could cause you some trouble later in life depending on where you want to work and your career path.

You should sit down with a lawyer in the area...
Read more »

2 Answers | Asked in Criminal Law for Arkansas on
Q: Is it legal in Arkansas to use deadly force to protect others?
Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

In VERY rare circumstances and it should be avoided if possible. See Arkansas Code § 5-2-606. Use of physical force in defense of a person and § 5-2-607. Use of deadly physical force in defense of a person.

Despite your interpretation of those statutes, you should remember to err on...
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1 Answer | Asked in Family Law for Arkansas on
Q: I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.

My husband is the father to my Step Son and 2 of my young children. He was currently incarcerated and then extradited on a separate warrant to Florida. I am looking to divorce him. His Mother (the grandmother) has a signed notarized letter of custody for my Step Son made a few years ago. His bio... Read more »

Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done... Read more »

1 Answer | Asked in Uncategorized for Arkansas on
Q: can you get arrested for not paying a loan
William Jaksa
William Jaksa answered on Nov 27, 2019

You can get sued for breach of contract. The only times I've seen people criminally charged is when there was some associated fraud, such as using a fake name, providing false information on the loan agreement, or obviously fraud related to obtaining the loan.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I live in AR. I purchased land from a lady who now refuses to transfer deed into my name.

I have lived on the property for 4 and a half years. Once i had paid her the asking price in full (approximately 2 yrs ago) thats when she informed me of her desire to "keep that land in my family and give it to my grandson upon my death". But i paid her in full. Ive known her my entire life and... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 27, 2019

Her tendering the deed to you is instrumental in effectuation for the transfer, so as of yet you didn’t purchase the property.

1 Answer | Asked in Uncategorized for Arkansas on
Q: We sold a hot tub back in May, the guy has still not came and picked it up and now it’s November. What can I legally do?

I’ve messaged him a few times and he just stalls or has some excuse to not get it

Tim Akpinar
Tim Akpinar answered on Nov 24, 2019

It sounds like he no longer wants it. You might be able to pursue the matter in small claims, depending on the cost of the tub. A less costly and less stressful option might be to confirm with the would-be buyer that he is not interested in it and resuming your efforts to find another buyer. Good... Read more »

2 Answers | Asked in Bankruptcy for Arkansas on
Q: What is the most you can make income wise to file for a chapter 7 bankruptcy in Arkansas?

My gross adjusted income was 88,000. I have 3 children and take care of my 2 in-laws. I have unsecured debt of about $150,000. My bills are current only because I move money around to make all the payments but no matter how much I work and overtime I put in, the debt keeps climbing.

Brandon M Haubert
Brandon M Haubert answered on Nov 22, 2019

There is not a direct answer on that. For a household 6 the income is median income is $84,541. If you are above that income (which you are) you are subject to (you must take and pass) the means test to file Chapter 7. We could run the means test calculation and see of you passed (Ch 7) or failed... Read more »

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i fight my legal case from overseas?

i was arested june 2019 for "possesion of drug paraphernalia", in total panic i fled back to my wife an children who live overseas.

now i know this added fled charges, im not a dangerous criminal, just been in a bad place for a bit, ive straightend up, live, work and stay out of trouble... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 22, 2019

Is it a feeling or misdemeanor? Maybe if it is a misdemeanor you can hire an attorney to take care of it.

If it is a felony, you have to come back.

1 Answer | Asked in International Law for Arkansas on
Q: Can someone from Malta file a police report/law suit against someone in the USA?

I asked someone to draw my cat. I paid him a $100 deposit. $290 was the total.

After some thought I decided that I no longer wanted said drawing as I found it was over priced and not what I was expecting. I asked him to draw my cat on impulse. I informed him I no longer wanted the drawing... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 18, 2019

The police are not likely to involve themselves in a matter of this scope and nature. It is a civil matter involving contract issues. That does not mean he is precluded from pursuing civil remedies. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you be charged with possession of a controlled substance in arkansas for having two joints?
Roy Lee Warren
Roy Lee Warren answered on Nov 18, 2019

I would say only if the joints had a c/s within them, otherwise no.

1 Answer | Asked in Criminal Law for Arkansas on
Q: After pleading guilty to an offense and the judge accepts your plea and adjourns court, can you appeal?

The charges were resisting arrest, obstruction of government affairs, and hindering apprehension. Hindering is a felony charge. I thought I would have a public defender but I didn’t have one present on that day which was 11/13/2019.

Roy Lee Warren
Roy Lee Warren answered on Nov 18, 2019

Yes, as long as you did not waive your right to appeal and you timely appeal.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: A house with my name of the deed was secretly sold without my consent.

Want do I do next?

Vincent Gallo
Vincent Gallo answered on Nov 15, 2019

Alert the local prosecutor’s office.

1 Answer | Asked in Criminal Law for Arkansas on
Q: While on parole ,is my parole officer allowed to enter my home and search without me present?
James E Hensley Jr
James E Hensley Jr answered on Nov 12, 2019

Yes. In fact, so are the police and any other law enforcement officer. A few years ago I had a client who was on parole. The local cops stopped my guy and arrested him. The cops said they had authority based on the parole officer's authority.

We objected because my client's agreement...
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1 Answer | Asked in Probate for Arkansas on
Q: My Aunt died 13 years ago and her brother, my uncle, whom she was the court appointed guardian of died 11 years ago.

The Arkansas lawyer appointed as my aunt's executor upon her death has NOT closed either of their estates. They were simple cases, with simple wills, with minimal moneys and little property involved. The wills were followed per each of my Aunt and Uncle's wishes. The Arkansas lawyer fails to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

File a complaint with the State Bar of Arkansas.

1 Answer | Asked in Car Accidents for Arkansas on
Q: I was traveling on the highway in Arkansas going 35mph when the car in front of me stopped suddenly stopped w/o warning.

I preceded to rear end him because of his abrupt stop, there was no reason for there to be a vehicle stopped in the middle of the highway without hazards on or some other indication as to this action, and there was nothing provoking him otherwise to do so. I was following at least 3 car lengths and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 6, 2019

I'm sorry about your accident. Unfortunately, in virtually any jurisdiction, fault is almost always attributed to the vehicle in the rear. Your insurance carrier will assign an attorney to you if the other vehicle's occupants were injured and they decide to sue. Your attorney would raise the issue... Read more »

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

1 Answer | Asked in Civil Rights for Arkansas on
Q: Do you all handle civil cases?
Tim Akpinar
Tim Akpinar answered on Nov 5, 2019

This isn't a law firm, or lawyer referral service. It's just a question & answer board. If you want to find a lawyer who handles civil cases, you could look one up on this site under Find-a-Lawyer. You could also conduct your own independent search or check the resources of the Arkansas Bar... Read more »

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