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Arkansas Divorce Questions & Answers
2 Answers | Asked in Business Law, Contracts, Divorce, Real Estate Law and Family Law for Arkansas on
Q: How can I securely buy a motor home with an outstanding mortgage from a seller due to divorce?

I am interested in purchasing a motor home from an individual who owes a mortgage of $22,257 on it. The seller is selling the motor home due to a divorce decree. We are willing to pay off the mortgage to obtain the vehicle. How can we ensure that the seller pays off the mortgage and that we obtain... View More

Anthony M. Avery
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answered on Jul 9, 2025

Hire an AR attorney to handle the transaction with the lender. You will need an agreement with the seller to transfer the title with lien to you for money. Then the lawyer executes an agreement with the lender to remove the lien for money. Then you apply for a new lien free title. But you will... View More

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2 Answers | 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
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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

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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

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Divorce, Probate, Contracts and Family Law for Arkansas on
Q: Ex-spouse claims undocumented asset split agreement impacting heirs decades after divorce. What are my rights?

I'm concerned about a situation where, after my parents divorced, there was supposedly an agreement about asset division, but it wasn't documented. Now, decades later, my ex-spouse claims there was a 50-50 split agreement but insists on taking possession of all assets, impacting me and... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to challenge any claim to estate assets that is not supported by a court order, a documented agreement, or a valid title. In Arkansas, property division from a divorce must be resolved in the final divorce decree or through clearly documented legal agreements. If your parent’s... View More

1 Answer | Asked in Divorce, Real Estate Law, Probate and Family Law for Arkansas on
Q: Can I claim half of the property equity after divorce and ex-spouse's death?

I was married for 5 years when my spouse and I divorced, and we owned property together with both of our names on the mortgage and deed. After the divorce, my name was removed from the property tax documents. However, my name reappeared as the only name on the property documents after my ex-spouse... View More

James L. Arrasmith
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answered on Jul 6, 2025

Your right to claim equity in the property depends on what the divorce decree said and how title to the property was handled during or after the divorce. If the divorce included a provision awarding the property entirely to your ex-spouse, and you signed a quitclaim deed or other legal instrument... View More

Q: Divorce mediation stalled, found tracker linked to father, unsure of next steps.

My mother is going through divorce mediation with my father, who retained the lawyer representing both parties. The process has been slow, with no progress for several months, and the lawyer has not responded to my mother's consistent attempts to communicate. She has already settled over the... View More

James L. Arrasmith
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answered on Jun 13, 2025

This is a really serious situation, and you’re not alone in feeling overwhelmed by it. If the same lawyer is claiming to represent both your mother and father, that could be a major ethical violation—especially if communication has stalled and your mother’s interests aren’t being protected.... View More

1 Answer | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Arkansas on
Q: Can I legally enforce the sale of a house with an uncooperative ex after divorce?

My ex has been living in the home we both own since our divorce, finalized in December, even though I did not agree to that. According to the divorce decree, we were supposed to sell the house and split the profits, but no specific date was mentioned. After months of disputes, we agreed to list the... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're dealing with an incredibly frustrating situation, and it’s understandable that you feel stuck. Even though the divorce decree didn't include a firm deadline, it’s still a court order that both of you are legally bound to follow. If your ex is refusing to cooperate and is now... View More

1 Answer | Asked in Divorce, Gov & Administrative Law and Family Law for Arkansas on
Q: Is it legal to notarize a document without notifying the signer in Arkansas?

Is it legal for a notary to notarize a legal separation document in Arkansas where the document is written without notifying the signer, and the signer was not made aware of the document until a week later and signed without the notary present?

James L. Arrasmith
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answered on Jun 10, 2025

No, it is not legal in Arkansas—or in most states—for a notary to notarize a document without the signer being present at the time of notarization. The entire purpose of notarization is to confirm that the person signing the document did so willingly and in front of the notary. If the signer... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Arkansas on
Q: Should I file for contempt if my ex doesn't provide health insurance despite the court order?

In a divorce decree, the defendant was ordered to obtain and maintain health insurance for our minor children. He has not done so for 2 1/2 years. His prior employer offered insurance, but his current employer does not. Although the children now have ARKIDS (state government insurance), he refuses... View More

James L. Arrasmith
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answered on May 14, 2025

vIf your divorce decree clearly states that your ex is required to provide private health insurance for the children, and he has failed to do so for over two years, you have grounds to consider filing a motion for contempt. The fact that ARKIDS is currently covering your children doesn't... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Seeking full custody and changes to visitation due to ex-wife's unstable situation in Arkansas.

I currently have joint legal custody with my ex-wife, who has visitation every other weekend. She has not been involved in our child's schooling or medical care and hasn't been consistent with visitation for the past year. Additionally, she has not adhered to the court order to pay half... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are concerned about your ex-wife’s ability to provide a stable and safe environment for your child, you do have the option to request a modification of custody and visitation. Courts prioritize the best interests of the child, and your ex-wife’s lack of involvement in important aspects... View More

1 Answer | Asked in Tax Law, Divorce and Family Law for Arkansas on
Q: Husband’s ex-wife refuses to sign joint tax return unless documents sent to her. How to proceed?

I am dealing with a complex situation involving my husband’s ex-wife, who refuses to sign their 2021 joint tax return unless all documents are sent to her address. My husband has done all the work to prepare the tax return, but she left him and the children, and this demand seems manipulative. We... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a tough spot, especially with the additional stress of tax filing and trust issues with your husband’s ex-wife. Since this issue revolves around both family law and tax matters, you might want to consult with an attorney who is experienced in both areas, specifically... View More

1 Answer | Asked in Divorce and Uncategorized for Arkansas on
Q: My ex-wife has not paid on our house in a year and a half. The house is on the market. How do I get her to pay

Our divorce is final but she refuses to pay her half of the mortgage and homeowners insurance

Aaron Bundy
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answered on Feb 17, 2025

Your options will depend on the terms and language in your divorce decree and property settlement papers. An experienced Arkansas divorce attorney will be able to give you more insight about your options after reviewing those documents.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arkansas on
Q: Can I appeal the property division in my divorce case?

I would like to appeal the property division in my finalized divorce case. Some specific assets were not divided fairly, and I have evidence that supports an appeal. What steps should I take to appeal based on property division, and are there specific time limits I should be aware of in my... View More

Aaron Bundy
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answered on Feb 17, 2025

You should consult with an Arkansas appellate lawyer promptly. There are strict time constraints that govern an appeal. The strength of your appeal will largely be determined by evidence that was offered in the trial of your case.

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... View More

1 Answer | Asked in Divorce for Arkansas on
Q: Can adult kids testify at Contempt of Court for the financial part of the divorce?

Ex spouse didn’t do any of their financial responsibilities in the divorce decree. It’s pretty straight forward. Ex’s attorney is bringing in the ex’s adult kids on to testify stating harassment, stalker behavior etc. They have no idea I’ve moved out of state and no where near any of... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

If the evidence is relevant, the court likely will allow them to testify. There is no rule that allows a parent to exclude the testimony of a competent adult child of theirs.

1 Answer | Asked in Divorce for Arkansas on
Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Without seeing the interrogatories, motion to compel, response, order on the motion to compel, motion for contempt, response, reporter’s record from the hearing on the motion for contempt, and the court’s order on the motion for contempt, it is impossible to offer an opinion as a lawyer on why... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: IS THERE A STATUE OF LIMITATION ON FILLING A HOMEWRECKER CHARGE?
T. Augustus Claus
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answered on Aug 14, 2023

In Arkansas, there isn't a specific "homewrecker" charge in the legal sense. However, if you're referring to a civil action for alienation of affection or criminal charges related to adultery, it's important to note that statutes of limitations can vary depending on the type of legal action.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
T. Augustus Claus
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

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