Domestic Relations

Divorce Domestic Relations Information

Separation and divorce will be taxing to your emotions, finances and in some cases, your health. advises you to think carefully prior to a separation and filing for divorce from you spouse.

Answers about Child Custody

What is the Standard for an Award of Custody? Child custody decisions are based upon the best interests and welfare of the child. Arkansas law requires that custody decisions are to be made without regard to the sex of the parent. Joint custody is favored in Arkansas.

Can my Child decide with whom they wish to live? Provided the child is of sufficient age and maturity to make such an election, the court may consider the child’s testimony but does not have to follow the child’s wishes.

What is Joint Custody? Joint Custody is defined as approximate equal time between the two parents.

Is there Child Support in Joint Custody? Child Support in joint custody is in the discretion of the court.

May a Grandparent claim rights to visitation? Yes

Can a sex offender or person guilty of domestic abuse be awarded custody? Generally, the answer is no. They can be awarded visitation with supervision.

Answers about Child Support

How much child support will I owe? Child support is based upon a predetermined formula that is reset every four years. It is roughly 11% of your take home per child. The court may increase the amount based upon the needs of the child or decrease it based upon joint custody arrangements and other factors.

What is Take Home Pay? Take home pay is defined as your gross income less proper deductions for federal income, social security, Medicare and state income taxes. Prior child support awards are also deducted.

Answers about Divorce

How will our property be split? Property is split equally unless the court finds that such a division would be inequitable. Factors to be considered are the length of marriage, age, health and station in life of the parties, occupations, amount and sources of income, vocation skills, employability, contribution of each party to the acquisition and preservation of the marital assets and the income tax consequences of any property division.

Is my inherited property subject to division by the court? No.

Is the increase in value of my pre-martial or inherited property subject to division by the court? No.

Can my spouse get alimony? Alimony may be rehabilitative or contractual. It is awarded by discretion of the court and is based upon one party’s ability to pay. Many other factual circumstances come into play in the award of alimony.

When does alimony end? Rehab alimony ends based upon the terms set forth by the court unless the plan for rehab is proved ineffective. It also ends upon the death of either party, the remarriage of the party receiving the alimony and the cohabitation with another person. Contractual alimony ends based upon the agreement of the parties.

Answers about Getting Started

What do I need to get started? You will need the following: Copies of statements from checking, savings, brokerage and other depository accounts, copies of car registrations, copies of all credit card statements and other debts of any kind or nature, your last three years tax returns, copies of one month’s paystubs, and a list of your personal property in the home including cars, etc.

How long must I live in Arkansas before I can file? Residence for divorce is established in 60 days.

Will the Court award my attorney’s fees? An award of fees in within the discretion of the court.