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  Legal Q & A
Legal assistance Q&A

Divorce

The following questions are in this category:

Q: How long does it take to get a divorce?

A: Where no part of the divorce is contested, a divorce can be obtained within 30 days. On the other hand, if property, grounds for divorce or custody of children is contested, it may take six to 18 months before the divorce can be completed.

Q: What is a "no-fault" divorce?

A: "No-fault" divorce laws mean that neither spouse needs to prove that the other has been guilty of any misconduct in order to obtain a divorce. Arkansas does not allow "no-fault" divorces. However, if husband and wife have been living apart for 18 months, the court will grant a divorce without a finding of fault on teh part of either party. Ark. Code Ann. 9-12-301(5)

Q: What is considered marital property?

A: Marital property is all property acquired during the marriage, regardless of the name in which it is titled. Marital property does not include property that a person has inherited individually or property that they have received as a gift.

Q: How do Arkansas Courts divide the marital property?

A: Ark. Code Ann. 9-12-315 says that the Court shall divide the marital property with one-half to each party unless the Court finds such a division to be unfair. The statute then lists nine factors the judge should consider.

Q: Are pension, individual retirement accounts, and retirement benefits acquired during the marriage considered marital property and subject to division by the court upon divorce?

A: Yes.

Q: Can a wife return to her previous name after a divorce?

A: Yes.

Q: Can the amounts of child support or alimony be changed after divorce?

A: Yes. The Court has the power to change the amounts based on a showing of a change of circumstances. These include such things as an increase or decrease in income or unexpected high medical expenses.

Q: Can the payment of alimony or child support be avoided by a Declaration of Bankruptcy?

A: No.

Q: How are child support and alimony treated for income tax purposes?

A: As a general rule, the person paying alimony can claim the payments as a deduction on Federal Income Tax returns. The person receiving the alimony payments must include the payments as income, (i.e. pay taxes on them).

Only one parent may claim a child as an exemption, and this is normally the party who provides more than half of the money necessary to support the child.

Q: When may I stop paying alimony?

A: Unless otherwise ordered by the Court, the liability of alimony automatically ceases upon the earlier of the following:

a. the person receiving alimony remarries, or

b. the establishment of a relationship that produces a child and resulting court orders regarding support and in the equivalent of remarriage. Ark. Code Ann. 9-12-312 (a) (b) (c).

If you have further questions,
check our other Q & A categories:

Child Custody
Estate Planning
Living Trusts
Probate
Real Estate
Wills

You can also e-mail us or call our firm - 870-425-3464.

   

 
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