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Arkansas divorce laws

Child Support

Arkansas divorce laws mandate that child support be calculated using the "Wisconsin model", or "Percentage of Obligor Income", a formula that examines the non-custodial's income and assigns an obligation based on a formula. Arkansas family law has determines that the income base will be the obligor's NET income.

Income is defined in Arkansas as any form of payment including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. That income will be reduced by any of the following: 1. Federal and state income tax; 2. Withholding for Social Security (FICA), Medicare, and railroad retirement; 3. Medical insurance paid for dependent children; and 4. Presently paid support for other dependents by court order.

Calculating child support in Arkansas: The guidelines for which child support are calculated are designed for situations in which the obligor nets $6000 per month or less. The guidelines are as follows (percentages are of obligors net income):

For self-employed payers, child support is calculated based on the last two years' federal and state income tax returns and the quarterly estimates for the current year.

Arkansas has established the Office of Child Support Enforcement (OCSE) for those parents needing assistance with child support. You will need to complete and submit a written application through the Department of Human Services. Applications are available through any OCSE office, or by calling 501-682-8398. Do you want to complete an application from home? Forms are available on-line at the links above.

Residency Requirements

One spouse must have resided in Arkansas for at least six months immediately preceding a filing. On the condition that the residency requirement has been met by one spouse, either the resident or non-resident may file in Arkansas. Note that this is not the norm for all states. Most jurisdictions require residency to file in that jurisdiction.

Child Custody

Arkansas family law assumes that awarding joint custody is in the best interest of the child. The final decree of the court defines the rights and obligations of each parent. Living arrangements are often designated to the person that has been the primary caretaker of the child.

Child custody. Courts are charged with awarding child custody while disregarding the sex of a parent. While this seems encouraging, the statistics bear out that Mother's receive custody in better than 4 out of 5 cases. Depending on the child's age and ability to reason, the court may consider the preferences of the children with respect to where the primary home (custody) should take place.

Arkansas courts are mandated to award custody so as to ensure the frequent and continuing contact of the child with both parents. For this reason, courts consider awarding joint custody unless factors indicate otherwise.

Visitation

During the separation or divorce process, the parents are afforded the opportunity to complete a visitation, or parenting plan, and submit it to the court for approval. If they are unable to fully agree, the court will impose its judgment on the care for the children. Typically that will involve every other weekend, (or 2nd and 4th weekends- 1st and 3rd), often a weekday evening visit that doesn't include overnight, alternating holidays, Mother's and Father's Days, and a number of weeks in the summer. Make sure you have specific details about who picks up and drops off, at what time, the right of first refusal if the custodian needs a sitter, etc. Determine the conditions of birthdays, how they'll be celebrated and who is able to do what. The more you have in the decree, the less you'll argue over.

Grounds for Divorce

If you are seeking to dissolve a covenant marriage, you are required to state that request in your petition.

The circuit court can grant a separation or divorce for the following causes (grounds for divorce): 1. Either party, at the time of the contract, was and still is impotent; 2. Conviction of a felony or other infamous crime; 3. Demonstrated an addiction to habitual drunkenness for one (1) year, shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall offer such indignities to the person of the other as shall render his or her condition intolerable; 4. Commit adultery after the marriage occurs; 5. The court will grant a divorce if the parties have lived separately for 18 continuous months, regardless of fault or cause by either spouse, 6. Should one of the parties be deemed insane, the other spouse will be required to care for and financially maintain that person for the duration of the insane person's life and 7. Should the service of process be considered on the insane spouse, the petitioner is required to make service to a recognized guardian, guardian ad litem, or institution charged with that person's care.

Marriage Annulment
Marital Annulment

A marriage annulment is a legal process of terminating an illegal marriage. Marriage or marital annulment laws vary from state to state. The strong>annulment process is similar to a separation or dissolution (divorce) in that you must file a petition, serve your spouse, and prove grounds. Annulment in Arkansas requires a greater degree of proof than does a fault divorce. Arkansas grounds for an annulment include: Fraud- Marrying another by fraud or misrepresentation is a felony and is a legal ground for annulment according to Arkansas annulment laws, Duress- a marriage where one was under duress is grounds for an annulment in Arkansas, Bigamy- Arkansas annulment laws specifically prohibit bigamy, and it is a legal annulment ground, and Consanguinity- one marrying another where they are too closely related is prohibited by Arkansas annulment laws.

Marriage Counseling
Mediation

Mediation can be an effective tool to solve differences that parties would like to be settled without a court battle, although it is not mandatory. Arkansas does not order the parties to marriage counseling, although marriage counseling can be very constructive for some couples.

When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to: 1. Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or 2. Submit to mediation in regard to addressing parenting, custody, and visitation issues.

The costs of attending classes or mediation are to be borne individually.

Legal Separation
Marital Separation

A legal separation results when a couple separates and a court rules on the child support, custody, alimony, visitation and division of property, but doesn't grant a divorce. With a legal separation (sometimes called a marital separation), any assets accumulated or debts incurred after a finalized legal separation are no longer considered jointly owned. A specific legal process is necessary for a legal separation to be effected. Specifically a Settlement Agreement must be submitted to a court, addressing all support, custody, visitation and asset issues between the couple.

A legal separation is a court order that details who gets the children, who pays support for the children and how much, whether spousal support (alimony) is ordered, and who gets what marital property and debt. You might want a legal separation if your religious beliefs prohibit divorce, if you or your spouse have not lived in Arkansas long enough to file for divorce, or if one of you needs to be covered by the other's medical insurance. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed, however. The main difference between dissolution of marriage and legal separation proceedings is that after a judgment of separation the parties remain married for all purposes including eligibility for health insurance.

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Alimony
Spousal Support
Maintenance

In Arkansas alimony is referred to as maintenance, and is often limited to three years as it is designed to be a temporary measure. This approach is not the norm across the states. Alimony (or spousal support) can be awarded if two scenarios are identified: a spouse who has been married for a minimum of ten years and cannot support themselves may qualify for alimony/maintenance. The second situation would include family violence in which a spouse is convicted during the filing.

When the final decree is gaveled, the court will make orders concerning the alimony of the wife or the husband and the care of the children, if there are any. Alimony will automatically cease in Arkansas if any of the following occur: The date of the remarriage of the person who was awarded the alimony; or The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances would be considered the equivalent of remarriage; or The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage.

Arkansas uses the family or spousal support chart provided by legislation. That chart is to be revised every (4) years, by law. Child support typically terminates at the child's 18th birthday, but can be extended if the child's age of majority occurs before high school graduation. Should a child have a disability, child support can be extended.

The courts have the discretion to award alimony in fixed payments for a specified period, subject to death or remarriage of the recipient.

All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise.

Waiting Period      

A minimum 30-day waiting period after filing for divorce exists before a divorce can be granted.

Grandparents Rights

Visitation rights of grandparents.

A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

• The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;
• The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or
• The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.
  
  

Divorce Settlement

Divorce settlement and division of marital assets.

You will be afforded the opportunity to fashion a divorce settlement with your divorcing spouse, which would divide marital assets and liabilities (debt). If you cannot reach a divorce settlement, one will be imposed upon you by the court. All marital property will be distributed one-half to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration:

• Age, health, and station in life of the parties;
• The length of the marriage;
• Occupation of the parties;
• Amount and sources of income;
• Vocational skills;
• Employability; Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income;
• Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and
• The federal income tax consequences of the court's division of property

Should the court not divide the marital property equally between the parties, the basis and reasons will be recited in the order entered. Non-marital assets will be returned to who owned it prior to the marriage. When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court will designate in its final order or judgment the specific property in securities to which each party is entitled. The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a divorce settlement will take away what was originally yours? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely have to give up a half of that appreciation to your spouse in the divorce.

*subject to certain restrictions