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Arkansas Divorce Questions & Answers
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 support... 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...
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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 deposition...
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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 HomerJordan.com

1 Answer | Asked in Divorce for Arkansas on
Q: Can I answer a divorce papers myself on a simple divorce?

Case is in Arkansas it is a nocostested divorce no children

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.

1 Answer | Asked in Divorce for Arkansas on
Q: Are there any Pro Bono Lawyers in Lonoke County or, any that will take a Divorce case based on contingency ?
Stewart Whaley
Stewart Whaley answered on Feb 11, 2019

Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option.

Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect:...
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1 Answer | Asked in Divorce for Arkansas on
Q: he wants a divorce it's under the active ACA 9-1 2-3 0-1 V I can I di dispute
Richard Lane Hughes
Richard Lane Hughes answered on Jan 18, 2019

Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on
Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?

Stewart Whaley
Stewart Whaley answered on Jan 6, 2019

She is violating the visitation order.

Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.

She needs to go through the court/OCSE to address child support, not keep you...
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1 Answer | Asked in Divorce for Arkansas on
Q: I reside in Arkansas & my estranged husband lives in New Mexico. Can I file for divorce in the state of Arkansas?

We've been separated, not legally, since March 15, 2015. Thank you in advance for your reply. Kim

Stewart Whaley
Stewart Whaley answered on Nov 20, 2018

Yes, if you've lived in Arkansas for at least 60 days.

You've been separated long enough to have grounds for divorce.

If you can locate him and he will sign a waiver, things will move faster and smoother.

If he won't, you can serve him directly or by publication, if...
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1 Answer | Asked in Divorce for Arkansas on
Q: How quickly after a marriage can a person file for divorce?
Don Spears
Don Spears answered on Sep 20, 2018

There is no time limit on how long you must stay married in order to file for a divorce in Arkansas. Depending on what your grounds would be, there is a possibility for an annulment which is just about the same process and costs of a divorce.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... Read more »

Stewart Whaley
Stewart Whaley answered on Sep 18, 2018

He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child...
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1 Answer | Asked in Divorce for Arkansas on
Q: I want to file for legal separation in Ar. We live together but he does not give me money nor pay any family bills.

He's actively on drugs he will not leave home he has cheated on me several times. House was under both our names but his name was removed two years ago because he left home. The home is rent to own.

Don Spears
Don Spears answered on Sep 8, 2018

You Have grounds for divorce and with that many problems you need to get on with your life.

1 Answer | Asked in Divorce for Arkansas on
Q: Is it illegal for me to date (not live together) while going thru a divorce? He left after he was arrested
Stewart Whaley
Stewart Whaley answered on Aug 2, 2018

In Arkansas, adultery (assuming "dating" includes intercourse) is grounds for a divorce, but not a criminal offense.

Note, if you are in the military adultery is a criminal offense under the Uniform Code of Military Justice. See also, AR Code § 12-64-848 (2017).

However, I don't...
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1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: Once you file a Warning Order and the Defendant doesn't respond. Can the judge handle matter's dealing with children?

I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old

Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

Yes. However, the Judge will still be guided by "the best interests of the child(ren)."

That is, a court what is best for the kids regardless of a default by a parent.

1 Answer | Asked in Divorce for Arkansas on
Q: i need a divorce i make about $200 a week gross. I really dont have any money never been abused or anything.
Stewart Whaley
Stewart Whaley answered on May 6, 2018

Arkansas allows for limited-scope representation.

It may be possible to have an attorney draft the necessary documents on your budget, especially if you arrange for this to be paid and produced over a period of time (pay for drafting the complaint, file when you can afford the filing fee,...
Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: How is it determined how much of one's pension an ex is granted?

I am getting married this summer and have been working 25 years at a job that gives me a pension when I retire. Would my ex get half of it if we divorced?

Richard Lane Hughes
Richard Lane Hughes answered on May 1, 2018

Your "ex" would be entitled to a prorated 1/2 from the time of your marriage until the time of your divorce. That portion of your retirement fund would be "marital property."

A prenuptial agreement might protect those funds.

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