We have two kids together.
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.
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 »
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 »
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 »
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... Read more »
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.
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.
We both have been married before
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
Case is in Arkansas it is a nocostested divorce no children
Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.
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:... Read more »
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 »
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?
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... Read more »
We've been separated, not legally, since March 15, 2015. Thank you in advance for your reply. Kim
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... Read more »
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.
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 »
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... Read more »
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.
You Have grounds for divorce and with that many problems you need to get on with your life.
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... Read more »
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
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.
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 »
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?
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.
Yes, Arkansas has such laws. The primary focus is upon the disparity of earning power between divorcing spouses. There are several other factors a Court will consider as well. Fault is NOT one of those factors.
We have been divorced 2 year and per the divorce decree he was supposed to get me off almost 2 years ago. But it is still showing on my credit.
1. Verify the credit report is correct. 2. If so, let him know you will re-open the case and ask the judge to find him in violation of the divorce decree and that you will ask for attorney's fees. 3. If no action, see step 2.
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This is not legal advice, just my thought on the... Read more »
Ask ex many times to move out so house can be sold she refuses what can he do?
I recommend consulting with an attorney. It sounds like you might need to file a Motion for Contempt and also discuss other options. It’s hard to answer without reading the decree.
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