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Arkansas Divorce Questions & Answers
1 Answer | Asked in Divorce for Arkansas on
Q: Are there Laws on the Books in Arkansas stating the basis for awarding spousal support?
Richard Lane Hughes
Richard Lane Hughes answered on Apr 26, 2018

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.

1 Answer | Asked in Divorce for Arkansas on
Q: What do I need to do to get my name of my ex husbands motorcycle. I co signed but per our divorce he was supposed to.

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.

Stewart Whaley
Stewart Whaley answered on Apr 14, 2018

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...
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1 Answer | Asked in Tax Law and Divorce for Arkansas on
Q: When my fiance got a divorce it was granted in the divorce for the house to be sold to pay back taxes

Ask ex many times to move out so house can be sold she refuses what can he do?

Skye Martin
Skye Martin answered on Jan 27, 2018

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.

1 Answer | Asked in Family Law and Divorce for Arkansas on
Q: Am I entitled to compensation if my husband cheated 7 months after getting married?

We are almost finished with a new Home construction and I found out he was cheating 7 months after marriage. I don’t want his house or land but am I entitled to something monetary to start my life over?

Skye Martin
Skye Martin answered on Jan 27, 2018

You’re entitled to your half of the marital property. Even if you’ve only been married a short time, I still suggest seeking an attorney to at least go over your options and protect your interest.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arkansas on
Q: if me and my ex spouse have not went to court to change our divorce papers do we still have to follow by the one we have
Skye Martin
Skye Martin answered on Jan 27, 2018

Yes, but there may be an exception. It depends on what you’re trying to change and your decree.

1 Answer | Asked in Divorce for Arkansas on
Q: does it mean I'm not married?

I thought I was married?

does it mean when the court says. For the Record - Aug. 23, 2015 Divorces Certificates of absolute divorce or annulment issued

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 11, 2017

Please contact an attorney. Most likely the statement implies that the marriage was dissolved or annulled as per that date. Therefore, you are no longer married.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general...
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1 Answer | Asked in Divorce for Arkansas on
Q: In a Divorce if one spouse inherits money does the other Spouse have rights To any of it
David Shaver
David Shaver answered on Nov 8, 2017

You should check with an Arkansas attorney, but in most states inherited assets are considered separate property as long as the property is not commingled with marital funds. Income, however, from such funds may be considered in determining spousal support in many states.

1 Answer | Asked in Divorce for Arkansas on
Q: i am 53 years old disabled and was married 16 months ago, my wife walked on me. she wants to do a pro se divorce.

do i qualify for any spousal support from her or pension or retirement.

Skye Martin
Skye Martin answered on Nov 1, 2017

There's no way to answer that without knowing more about your particular financial situation. Typically, you would be entitled to half of the portion of her retirement plan that accrued during the marriage. You would do well to contact an attorney to make sure you're getting everything that you're... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: How do I find out if my husband has filed for divorce

Divorce filings for September of 2017

Skye Martin
Skye Martin answered on Oct 19, 2017

You can use Court Connect to look up the case online by his name. If you’re in a county that participates in efiling then you should also be able to look at his Complaint.

1 Answer | Asked in Divorce for Arkansas on
Q: What's the first step to getting help with my divorce, I'm struggling financially

Been married since I was 17 we own or owned a small business..

Skye Martin
Skye Martin answered on Aug 3, 2017

I would suggest contacting an attorney to help you not only file for divorce but ask for temporary spousal and/or child support to help you financially until the divorce is final.

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Can you please tell me if wage garnishment is permitted in Arkansas for spousal support arrears?

This is strictly spousal support, no children involved.

Skye Martin
Skye Martin answered on Jul 29, 2017

Yes, although there is a formula that limits how much can be held out of each check.

1 Answer | Asked in Divorce for Arkansas on
Q: what is the time frame for getting an annulment of marriage in the state of Ar
Skye Martin
Skye Martin answered on Jul 29, 2017

There are grounds for an annulment under Arkansas 9-12-201, but not a timeline. You can petition the court for an annulment at any time if you meet the requirements (when either party is incapable of consenting to marriage through lack of age or understanding, physical causes, or consent was... Read more »

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

The car my daughter is currently driving is financed in her soon-to-be ex-husband's name only. At one point the vehicle was paid off and without her knowledge he refinanced both her car and his truck for purposes of generating capital. The bank has threatened to repossess the car if she does not... Read more »

Stefan K. McBride
Stefan K. McBride answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come after... Read more »

1 Answer | Asked in Adoption, Divorce and Family Law for Arkansas on
Q: I paid a lawyer, got divorced. At court she wanted to terminate my rights of children, I adopted. Do I have to pay more

She hasn't signed my land deed yet nor reply on adoption case is she in contempt and was it wrong laywer charged more for doing nothing

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

You need to contact your lawyer. She is most likely in contempt to not signing over the land, but the kids are a separate issue.

1 Answer | Asked in Real Estate Law, Collections and Divorce for Arkansas on
Q: I need a attorney to file a lis pendens for me.

I received a judgement against my husband in divorce for $17,000.i filed it with the county clerk so that if he sold any property it would show up like a lien. He did a quick claim title over to another guy for a house he owned. I want my money and want to file a lis pendens so that nothing can be... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

You need to contact an attorney and send him all the paperwork to look over. Then they can help you.

1 Answer | Asked in Divorce for Arkansas on
Q: I filed for divorce on September20th 2016. Neither of us have appeared to get the divorce decree. Is the divorce granted
Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

No. You have to set a hearing and go before the judge.

1 Answer | Asked in Divorce for Arkansas on
Q: Through divorce proceedings, can I hold my husband responsible for a truck that was purchased for him but, in my name?

I have filed for divorce myself. However, while we were together we purchased a truck for him but, it's financed in my name only. We have been separated around 18 months & he's had the vehicle in his possession until approx. 3 weeks ago. He basically dumped me with it & with the payments behind.... Read more »

Stefan K. McBride
Stefan K. McBride answered on Mar 28, 2017

A judge might give him that debt, but he or she can't extinguish the responsibility you owe to the person who financed the truck.

1 Answer | Asked in Divorce for Arkansas on
Q: Can a spouse of an active military personal receive health benefits if they get a divorce before the expir. of 20 yrs

I am going through a divorce I have been married 18 years and my soon to be x wife is trying to make me continue covering her on my tricare insurance? Do I have to legally do that?

Stefan K. McBride
Stefan K. McBride answered on Mar 17, 2017

The benefits she will receive depends on how many years you have been married, how many years you were in the military, and how many of those years overlapped. It is a fact-specific question.

1 Answer | Asked in Civil Rights and Divorce for Arkansas on
Q: I just found out when I married my husband two years ago he was stil married to his wife. What legal action can be take?
Stefan K. McBride
Stefan K. McBride answered on Mar 15, 2017

You can file a declaratory action to have a judge pronounce that your current marriage is void.

1 Answer | Asked in Divorce for Arkansas on
Q: I have been living in Arkansas since May 09,2015. I moved from Ft Worth, Tx. I want to get a divorce from my husband.

I have not talked to him in over a year and do not now where he lives. How does a divorce proceed without knowing where the husband is?

Stefan K. McBride
Stefan K. McBride answered on Mar 15, 2017

If you cannot find him, you can publish a notice in a newspaper. There are certain requirements that go with that, so you'll probably want to hire a lawyer.

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