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Arkansas Divorce Laws

Arkansas Divorce Laws
Amongst the other strains of life, divorce is one that can cause a big strain on the individuals, family, time and their pockets. With all the different guidelines and steps it is easy to get lost in the paperwork. In the state of Arkansas the regulations of filing a divorce vary from other states. This is just a simple breakdown of all the points to focus on when filing divorce. Some topics to consider when resulting to a divorce are child custody, child support, if the couple has children together, alimony and property distribution.

Marriage counseling should be one of the first steps to consider before an actual divorce. If certain issues can be settled take the time to work it out. However, marriage counseling does not does not solve all marriages. Some unhealthy situations just cannot be resolved leading to a divorce. We will continue with a detailed outline of the Arkansas divorce laws and procedures. To begin the steps of divorce the spouses will need to file Arkansas Divorce papers. Only if the spouses are a resident of Arkansas may they file such an account. It is imperative the spouses are a resident of the state of Arkansas, for at least 60 days, for them to file for divorce. You must file a divorce in either the county of residency or the defendant’s residency. Divorce is permissible for various reasons, such as adultery, violence and/or drugs, mental illness, personal indignities and other matters. No one wants to be in an unhealthy marriage.

Child Custody
Married couples with children find themselves going through an emotional strain with this decision. If there is no initial agreement between both parents on who should take custody it is decided by the judge. The judge takes knowledge of the couple into account when selecting who the child or children will reside. A grandparent may have say as well on whom as custody. Some of the factors that come into play are the parent’s connection with their child. Will this parent be able to provide for the child or children as a single parent? Do the parent and child have a good relationship together? Have there been any previous encounters on the verge of or complete abuse of any kind? What does the child want to do; who would he/she rather live with? Another important subject is will the parent be able to manage financially? Financial well-being leads us to our next subject of child support.

Arkansas Divorce Laws and Child Support
Child Support is a system where the parent without custody of the child pays a monthly fee to help support the single parent. In Arkansas child support has to follow the Arkansas Child Support Guidelines. The amount of money being given is decided by the judge on knowledge of the parents income or the parents can decide on there own what payment should be. The judge makes this decision after the parent has went through the Percentage of Income Formula of Arkansas. That process is the determining factor as to how much money will be given. Child support is not a requirement after divorce, but it does help the child. If both parties do not use the advantages of child support it typically means both parents are doing well financially in order to provide for the family.

Alimony
Spousal support or alimony is not a requirement after divorce. Spousal support is just another form of child support, yet this is for the spouse. To even be considered to qualify for spousal support both parties have to agree in the distribution of it. Like child support spousal support can be short-term or long-term depending on the conditions. There is an option of one lump sum or an extended payment plan.

Property Distribution
Property distribution follows the same guidelines as the other subjects, who is best fit? Arkansas divorce laws follows the equitable distribution policy when it comes to property. This equitable distribution simply means dividing the property of the divorced couple in half in the fairest way possible. In cases where the property cannot be split in half and has to have one owner other factors come into play. The individual best fit for ownership has will have to meet all or any of the requirements of:

A good age, health and or current well-being
What is there career and income?
Needs of estate and property
Vocational/educational skills
How long was the marriage?

These are just a few requirements in which would grant you property.

Arkansas Divorce Laws
It takes more work and money to get out of a marriage than to get married. To avoid the entire struggle and stress it is advised that the couple seek counseling. Of course there are situations where the couple can not mend a relationship and divorce is the only way. Be sure you take the proper steps in filing a divorce and it is handled to the best of both abilities.

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