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Arkansas Divorce Questions & Answers
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
Don Spears 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)... Read 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,... Read 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... Read 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
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,...
Read more »

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
Don Spears 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
Don Spears 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
Don Spears 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
Don Spears 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.

1 Answer | Asked in Divorce for Arkansas on
Q: I recently have gotten a divorce and my ex is not complying with the divorce papers what can I do
Don Spears
Don Spears answered on May 3, 2020

You will to file a Motion for Contempt in the divorce court where the Decree was entered.

1 Answer | Asked in Divorce for Arkansas on
Q: Can my husband legally sell or give my property away while the divorce is pending?
Don Spears
Don Spears answered on May 3, 2020

No. You should talk to your lawyer.

1 Answer | Asked in Divorce for Arkansas on
Q: I am in the middle of my divorce, husband says he has no 401k, how do you successfully check for assets?
Stewart Whaley
Stewart Whaley answered on May 3, 2020

Hire an attorney. Discovery will force admission or denial, and production or withholding of 401K documents. Compare that to what responses from his employers . There is no "check for all assets" database, but discovery will help. You may need to hire an accountant.

1 Answer | Asked in Divorce for Arkansas on
Q: In my divorce can I ensure my son is not removed from his very good school and environment?

My wife and I are getting a divorce and she has eluded to taking our son out of state to be near her family. However we moved him to Arkansas, where my family lives. We made this move because his education plan needs were not being met. The reason for this move to Arkansas has been well documented.... Read more »

Paul Dumas
Paul Dumas answered on Mar 14, 2020

Your situation requires careful planning and a working knowledge of Arkansas custody and visitation law. When it comes to moving a child out of state, Arkansas law has certain presumptions about the benefits to the child of moving away, and which parent carries the burden of proving that such a... Read more »

1 Answer | Asked in Divorce and Tax Law for Arkansas on
Q: Can my soon to be ex-wife get a hold put on my taxes if I filed first and did everything the right way

I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 21, 2020

When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »

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 Divorce and Child Custody for Arkansas on
Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears
Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Child Support, Divorce and Family Law for Arkansas on
Q: Can I file an emergency custody order while being married? He resides in Tennessee and my daughter and I reside inArkan

We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 13, 2019

It sounds like you need to get divorced and get a custody/support order in place.

There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out...
Read more »

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How long will a Divorce Settlement Agreement take to become a finalized decree of divorce once both parties signed?

My spouse had filed for an uncontested divorce in which I later contested and made a counterclaim for. In the beginning of this process, neither of us had an attorney and were representing ourselves. In court after my spouse made his argument (which wasn’t well prepared), the judge then told him... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 30, 2019

The judge cannot enter a decree of divorce until at least 30 days after the original complaint is filed, even when it is an uncontested divorce. It sounds like that amount of time has definitely passed.

You shouldn't have to return to court if the attorney is preparing some...
Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: I live in Arkansas and my ex lives in Australia, how do i file for a divorce?

When she came here on a visitation visa we got married but we fell apart and she went back home, ever since then her and i had broke up and now i want a divorce. she told me i had to file it since i want one, so i am in need of help trying to do so.

Patrick R. Lee
Patrick R. Lee answered on Jul 29, 2019

You can still file for divorce as long as you have lived in the state for a certain period of time. You should probably consult with an attorney who can determine how to proceed based on the facts of your particular case.

1 Answer | Asked in Divorce for Arkansas on
Q: If my husband and I get divorced after at least ten years of marriage, am I entitled to 1/2 his retirement?

We both have been married before

Homer P Jordan IV
Homer P Jordan IV answered on Jul 8, 2019

Depending on the facts of the case you may be entitled to a portion of his retirement benefits. You should consult with an attorney who can review the facts of the case in detail and provide you with proper direction. -Homer P. Jordan IV, Esq. 404-620-1558

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