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Arkansas Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence, Family Law and Landlord - Tenant for Arkansas on
Q: How to legally compel husband to leave home in non-contested divorce?

I am filing for a non-contested divorce from my husband due to financial deceit and emotional abuse. I discovered he does not own the property he claimed and he refuses to contribute to living expenses. He has also become emotionally abusive, and despite owning the house in my name for 7 years... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 14, 2025

You need to file your divorce complaint or proceeding and seek the assistance of the court. That is, as long as he is not being abusive or threatening. The police are very reluctant to get involved in domestic matters unless and until there is clear proof of abuse, usually physical, by one of the... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Neighbor's fence on my land claimed through adverse possession - what legal actions can I take?

In the past couple of years, I built a house and discovered that my neighbor has placed a fence on my property. We have a survey confirming the fence is on our land, and the neighbor acknowledges this but claims that because the fence has been there for 20 years, he owns the land through adverse... View More

Anthony M. Avery
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answered on Mar 10, 2025

Hire an AR attorney to search both adjoining properties' titles. Investigate how long the fence has been there, but it sounds like it has been acquiesced as the boundary, regardless of a common boundary in the legal descriptions. A boundary survey might be needed. If the situation is as... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Arkansas on
Q: Stop the sale of land

My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More

Anthony M. Avery
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answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you...
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1 Answer | Asked in Probate for Arkansas on
Q: probate

my father passed away in his will it states that my step mother can live in the family home until 1. she remarried 2. passed away or she could sell the home but would have to pay his 5 children what the home brought. She has lived in the home for 11 years till one week ago the home caught fire she... View More

Anthony M. Avery
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answered on Feb 3, 2025

Was the will filed for Probate? If not, it means nothing and heirs own. If Probated, then the Devisees would have to file suit for an injunction against sale and equitable enforcement of the Will Devise. Just a Lot is not worth alot so filing suit for Partition now might be the best route.... View More

3 Answers | Asked in Real Estate Law and Bankruptcy for Arkansas on
Q: I am the buyer of real estate w/ an owner carry contract. There is a five-year balloon note which is coming up…

I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 13, 2025

The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.

Note...
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3 Answers | Asked in Bankruptcy for Arkansas on
Q: If 2 people were sued together in small claims court, can the judgement be dismissed in ch 7 if one of them files?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 12, 2025

Unless the judgmemt (you don't say whether its been entered or become final) is deemed to be a perfected lien against all Arkansas assets under Arkansas law, the filing person can discharge the small claims court judgment debt.

The non-filer will remain liable to the judgment creditor....
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How do I make sure my daughters father can’t just come after my daughter when it’s convenient?

My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.

Aaron Bundy
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answered on Dec 25, 2024

The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More

2 Answers | Asked in Family Law and Child Support for Arkansas on
Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

Aaron Bundy
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answered on Dec 25, 2024

If you try to quote someone else by saying what you heard, you may be prohibited from repeating what you heard due to the Hearsay rule. There are ways around Hearsay, but you will generally need a lawyer to help you avoid the Hearsay problem. If there is an eyewitness who made a statement to you... View More

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2 Answers | Asked in Family Law and Child Support for Arkansas on
Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

Danya Bundy
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answered on Dec 25, 2024

If you have proof that the allegations are untrue, you should have the proof ready at the hearing in an admissible format. Merely saying "I heard" or "I believe" may lead to the information being excluded. If there are eyewitnesses for your case, they may need to be subpoenaed... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Arkansas on
Q: Hi. I am consider to paten an apparatus for pulling. The apparatus requires the use of a handle which may be patented.

So the handle is a handle that is primarily used for jump ropes but I am using my handle simply for the motion effect and it will my product will not be a jump rope. Are there any legal problems with this to patent the new product that I am designing.

David Aldrich
David Aldrich
answered on Dec 4, 2024

This type of product is certainly patentable. However, whether you will be able to successfully obtain a patent will depend on whether it has already been disclosed by someone (this is called "prior art"). You should contact a qualified patent attorney directly (this is just public... View More

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1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In...
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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How do I file for temporary maintenance in a divorce
Gregg Austin Knutson
Gregg Austin Knutson
answered on Sep 28, 2024

If a case has already been filed, the party requesting temporary maintenance has to schedule a temporary hearing and serve notice of the temporary hearing upon the opposing party. Both parties are also required to exchange an Affidavit of Financial Means prior to the hearing. In preparing the... View More

2 Answers | Asked in Immigration Law for Arkansas on
Q: I’m currently living in Arkansas under a K1 visa. When would I be able to obtain a permanent driving licence?

Would I have to wait Until I file my AOS paperwork and receive my work permit / SSN?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 26, 2024

It depends on the state. You should contact the DMV in Arkansas to determine what documents an immigrant adjusting status based on marriage is required to provide in order to get a drivers license. Some states just require a 485 receipt, but others require a 766 work permit. Additionally, you... View More

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1 Answer | Asked in Car Accidents for Arkansas on
Q: I don't have the title on a total loss of a vehicle..it's registered my name w/ documents of personal property tax paid

Is that enough proof of ownership

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney, a title is usually used to prove ownership. You could find out from your DMV how long it takes to get a duplicate title. If your vehicle is declared a total... View More

2 Answers | Asked in Car Accidents and DUI / DWI for Arkansas on
Q: Does insurance have to pay actual value or total replacement costs in auto accidents that result in property damage?

Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View More

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2 Answers | Asked in Car Accidents for Arkansas on
Q: Driver of vehicle who hit my vehicle says it wasn't them and their damage is pre existing.

Hello! I own my own business and use my personal vehicle for service calls and work transportation, fully reliant on my vehicle. On July 11th a truck (white Silverado) merged into my(grey Prius) vehicle at about 55mph. He nearly pitted himself and caused a massive pile up but after I hit the brakes... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

You may want to reach out to Arkansas attorneys to try to arrange a free initial consult. This sounds like it's going to be a tough case. The orientation of the vehicles and damages you describe could support a number of different scenarios - and you're already looking at the other... View More

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2 Answers | Asked in Car Accidents for Arkansas on
Q: Driver of vehicle who hit my vehicle says it wasn't them and their damage is pre existing.

Hello! I own my own business and use my personal vehicle for service calls and work transportation, fully reliant on my vehicle. On July 11th a truck (white Silverado) merged into my(grey Prius) vehicle at about 55mph. He nearly pitted himself and caused a massive pile up but after I hit the brakes... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 6, 2024

Sometimes it's better to have an attorney represent you than you representing yourself. I believe this is 1 such situation as liability is currently in dispute by the insurance company and you have evidence to provide the insurance company on this issue---as such I would recommend that you... View More

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1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Arkansas on
Q: Is it legal for my in network dentist to refuse to file charges for services on my insurance plan?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on the dentist's contract with the insurance carrier, whether they are a participating provider, and other possible conditions. If you signed an AOB (assignment of benefits), that would probably... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: Is there such thing as failure to appear court?
Tim Akpinar
Tim Akpinar
answered on Jul 27, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. In a criminal law context, failing to appear without plausible justification could lead to additional charges - that's something an Arkansas criminal defense attorney who is knowledgeable in this area should... View More

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