| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
DISCLAIMER: Nothing on this website
is intended to begin the attorney-client
relationship. Neither The Bryant Firm
nor any attorney operating under the
auspices of The Bryant Firm is your
attorney or legal representation until an
engagement agreement has been
signed by both you and an attorney at
The Bryant Firm. Nothing on this site
is intended to be used as legal advice.
Prospective clients should only rely on
legal advice as said or written in a
letter by a licensed attorney. Nothing
on this site qualifies as legal advice.
is intended to begin the attorney-client
relationship. Neither The Bryant Firm
nor any attorney operating under the
auspices of The Bryant Firm is your
attorney or legal representation until an
engagement agreement has been
signed by both you and an attorney at
The Bryant Firm. Nothing on this site
is intended to be used as legal advice.
Prospective clients should only rely on
legal advice as said or written in a
letter by a licensed attorney. Nothing
on this site qualifies as legal advice.
Wait, wait, wait...
You're a Christian and
you represent clients
in divorce? Now how
exactly does that work?
Click here to find out.
You're a Christian and
you represent clients
in divorce? Now how
exactly does that work?
Click here to find out.
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 609 S.W. 8th Street, Suite 600 Bentonville, AR, 72712 (479)286-1129 Fax: (479)286-1130 |
FAMILY LAW
The Bryant Firm has experience in all aspects of family law, which includes issues of divorce, child custody, child support, visitation, alimony,
separate maintenance, divorce from bed and board, property division, custody modification, child support modification, child support
enforcement, visitation modification, visitation enforcement, guardianships, adoptions, parent counsel, and much more. Family law is complicated,
so people with family legal needs should have a family law attorney.
Arkansas is a "fault state," meaning that you must have grounds for divorce in Arkansas. There are several different reasons why one would be
eligible for divorce, including general indignities, adultery, habitual drunkenness, domestic violence (cruelty), conviction of a felony, and separation
for eighteen months. A persons grounds for divorce must be proven by a preponderance of the evidence.
One of the obvious aspects of divorce is the custody, support, and visitation of children by and with their parents. The Court will decide custody
based on what is in the best interest of the child or children. Once custody has been decided, the Court will set child support based on a formula
which considers the income of the non-custodial parent, the number of children of the marriage, other child support being paid, and many other
factors which influence child support. The non-custodial parent will also be awarded visitation rights, which are typically every other weekend,
one mid-week visit, alternating holidays, and extended time during the summer.
Once custody, support, and visitation have been set by the Court, a party can seek to modify that order. To do so, the party must first show that
there has been a material change of circumstances sufficient to warrant a change in custody. The case law on what is or is not a material change of
circumstance is voluminous. Certain things are set by statute. For example, child support may be modified if the payer's income changes by $100
or 20%. After showing this change in circumstances, the party seeking modification must still show that it is in the best interest of the children to
have such a modification. Our family law attorney can help you navigate this complicated area of law.
The Court in a divorce proceeding must also divide any property the parties have accumulated. Any property accumulated during the marriage is
considered marital property, but this is a rule with many exceptions. In divorce, the Court will equitably divide property as equally as possible,
but equitable does not necessarily mean equal. The court will take into consideration all of the circumstances to determine who gets what, and will
also decide who is responsible for paying their portion of the marital debt. Property can become exceptionally complicated - you need an attorney!
Alimony or spousal support is also an issue the Court may decide. Alimony is based on one party's need for support and the other party's ability
to pay that support. Gender of the person requesting alimony is not taken into consideration, so men may also qualify to receive alimony. The
Court will typically set a monthly amount of alimony for a period of years or until the receiver dies or remarries.
There are also alternatives to divorce. The first is separate maintenance, in which the Court will issue orders regarding property, custody,
support, and visitation, but will not divorce the parties. This is also known commonly as a "legal separation." It is desirable for many couples
who wish to work on their relationship but are concerned about living together, fighting in front of children, or other similar issues.
Another alternative is the divorce from bed and board. This is a divorce in which the Court will make its standard orders on property, custody,
support, and visitation, and the Court will even divorce the parties. However, neither party in a divorce from bed and board may remarry without
first obtaining an absolute divorce.
Often times, one party may need to enforce the child support, visitation, or other provisions of a divorce decree. This is done by a Petition for
Contempt, where one party asks the Court to hold an offending party in contempt and punish them appropriately. Punishment can range from a
fine and payment of attorney fees to jail time. You should have a family law attorney fight for you.
These are the more obvious aspects of family law, but there are many more. For example, guardianships often lie at the very heart of problems in
a family. A guardianship is necessary when one member of the family cannot take care of him or herself, and so another person must be appointed
guardian to oversee that person and that person's property. As Arkansas law currently stands, a guardianship can be put in place over a minor
child when that child's parents are unfit, or over an adult who has dementia or some other debilitating disease or disorder.
Dependency-neglect and adult maltreatment proceedings are similar, except in those proceedings the Department of Human Services seeks to take
custody over a person. In Dependency-Neglect, the Department removes a child from his or her parents and begins a legal proceeding against
them. Once the legal process is over, the Department helps provide services to reunify the family or terminate parental rights. Parents in these
situations should have an attorney, as should people who have been accused in adult maltreatment proceedings.
Adoptions are another aspect of family law where one person legal makes another person a child. The process is rather complicated, so it is
important to have a family law attorney guide you.
These are just some of the issues that arise in family law. At The Bryant Firm, we have experience in them all. If you need a family law attorney,
call us at (479)286-1129.
separate maintenance, divorce from bed and board, property division, custody modification, child support modification, child support
enforcement, visitation modification, visitation enforcement, guardianships, adoptions, parent counsel, and much more. Family law is complicated,
so people with family legal needs should have a family law attorney.
Arkansas is a "fault state," meaning that you must have grounds for divorce in Arkansas. There are several different reasons why one would be
eligible for divorce, including general indignities, adultery, habitual drunkenness, domestic violence (cruelty), conviction of a felony, and separation
for eighteen months. A persons grounds for divorce must be proven by a preponderance of the evidence.
One of the obvious aspects of divorce is the custody, support, and visitation of children by and with their parents. The Court will decide custody
based on what is in the best interest of the child or children. Once custody has been decided, the Court will set child support based on a formula
which considers the income of the non-custodial parent, the number of children of the marriage, other child support being paid, and many other
factors which influence child support. The non-custodial parent will also be awarded visitation rights, which are typically every other weekend,
one mid-week visit, alternating holidays, and extended time during the summer.
Once custody, support, and visitation have been set by the Court, a party can seek to modify that order. To do so, the party must first show that
there has been a material change of circumstances sufficient to warrant a change in custody. The case law on what is or is not a material change of
circumstance is voluminous. Certain things are set by statute. For example, child support may be modified if the payer's income changes by $100
or 20%. After showing this change in circumstances, the party seeking modification must still show that it is in the best interest of the children to
have such a modification. Our family law attorney can help you navigate this complicated area of law.
The Court in a divorce proceeding must also divide any property the parties have accumulated. Any property accumulated during the marriage is
considered marital property, but this is a rule with many exceptions. In divorce, the Court will equitably divide property as equally as possible,
but equitable does not necessarily mean equal. The court will take into consideration all of the circumstances to determine who gets what, and will
also decide who is responsible for paying their portion of the marital debt. Property can become exceptionally complicated - you need an attorney!
Alimony or spousal support is also an issue the Court may decide. Alimony is based on one party's need for support and the other party's ability
to pay that support. Gender of the person requesting alimony is not taken into consideration, so men may also qualify to receive alimony. The
Court will typically set a monthly amount of alimony for a period of years or until the receiver dies or remarries.
There are also alternatives to divorce. The first is separate maintenance, in which the Court will issue orders regarding property, custody,
support, and visitation, but will not divorce the parties. This is also known commonly as a "legal separation." It is desirable for many couples
who wish to work on their relationship but are concerned about living together, fighting in front of children, or other similar issues.
Another alternative is the divorce from bed and board. This is a divorce in which the Court will make its standard orders on property, custody,
support, and visitation, and the Court will even divorce the parties. However, neither party in a divorce from bed and board may remarry without
first obtaining an absolute divorce.
Often times, one party may need to enforce the child support, visitation, or other provisions of a divorce decree. This is done by a Petition for
Contempt, where one party asks the Court to hold an offending party in contempt and punish them appropriately. Punishment can range from a
fine and payment of attorney fees to jail time. You should have a family law attorney fight for you.
These are the more obvious aspects of family law, but there are many more. For example, guardianships often lie at the very heart of problems in
a family. A guardianship is necessary when one member of the family cannot take care of him or herself, and so another person must be appointed
guardian to oversee that person and that person's property. As Arkansas law currently stands, a guardianship can be put in place over a minor
child when that child's parents are unfit, or over an adult who has dementia or some other debilitating disease or disorder.
Dependency-neglect and adult maltreatment proceedings are similar, except in those proceedings the Department of Human Services seeks to take
custody over a person. In Dependency-Neglect, the Department removes a child from his or her parents and begins a legal proceeding against
them. Once the legal process is over, the Department helps provide services to reunify the family or terminate parental rights. Parents in these
situations should have an attorney, as should people who have been accused in adult maltreatment proceedings.
Adoptions are another aspect of family law where one person legal makes another person a child. The process is rather complicated, so it is
important to have a family law attorney guide you.
These are just some of the issues that arise in family law. At The Bryant Firm, we have experience in them all. If you need a family law attorney,
call us at (479)286-1129.
CRIMINAL LAW
The Bryant Firm has experience in both misdemeanor and felony criminal law. Misdemeanors are minor offenses that are usually heard in the
District Court of a particular city (i.e. the Rogers District Court, or Bentonville District Court). Common issues handled by The Bryant Firm
criminal law attorney include traffic tickets, DWIs, shoplifting, no insurance, no tags, driving on a suspended license, and so forth. Felonies are
much more serious offenses and are heard in the Circuit Court of the County (i.e. the Carroll County Circuit Court, or Washington County Circuit
Court). Common felonies handled by The Bryant Firm criminal law attorney include delivery of a controlled substance (drugs), assault and/or
battery, theft and burglary, sexual offenses, and so forth.
A criminal law attorney is responsible for safeguarding certain rights. The right to remain silent and have an attorney are not just lines out of your
favorite crime show. Criminal defendants do have the right to remain silent and should not speak to the police without an attorney because
anything that is said can be used in Court to convict them. Criminal defendants have the right to a fair and speedy trial by a jury of their peers.
Criminal defendants have the right to confront their accusers, cross examine them at trial, and view evidence presented against them. Criminal
defendants have the right to present evidence in their defense, and to be treated fairly and impartially. Everyone has the right to be free from
warrantless and illegal searches and seizures of the person or property. It is very important that every criminal defendant have an attorney.
The process is sometimes confusing. After arrest, the first court appearance will be a bond and probable cause hearing where a magistrate
(usually a District Court Judge) will set bond. Attorneys can be present, but often have not been hired yet. After the bond hearing, the next
Court appearance is the formal arraignment where the charge is first made in Court. Criminal defendants usually plead not guilty at arraignment.
The next hearing is called an omnibus hearing. At this hearing, the judge will determine the status of discovery, hear and decide motions, and
continue pressing the case forward. A criminal law attorney is vital at every junction.
Before trial there may be several other opportunities for a hearing. One such hearing is a suppression hearing where a criminal defense attorney
will try to keep certain evidence out because a defendant's search and seizure rights have been violated. There will likely be pre-trial status
hearings to keep the judge informed as to the status of the case. There may be other evidentiary hearings, but ultimately there must be a trial.
The first part of trial is called voir dire, or jury selection. The criminal law attorney will ask potential jurors questions and narrow the group
down to twelve people. Then there will be a trial on the merits of the case to determine the guilt or innocence of the criminal defendant.
Criminal law is very complicated, even in District Court on misdemeanor or traffic violations. If you need a criminal law attorney, call us today at
(479)286-1129.
District Court of a particular city (i.e. the Rogers District Court, or Bentonville District Court). Common issues handled by The Bryant Firm
criminal law attorney include traffic tickets, DWIs, shoplifting, no insurance, no tags, driving on a suspended license, and so forth. Felonies are
much more serious offenses and are heard in the Circuit Court of the County (i.e. the Carroll County Circuit Court, or Washington County Circuit
Court). Common felonies handled by The Bryant Firm criminal law attorney include delivery of a controlled substance (drugs), assault and/or
battery, theft and burglary, sexual offenses, and so forth.
A criminal law attorney is responsible for safeguarding certain rights. The right to remain silent and have an attorney are not just lines out of your
favorite crime show. Criminal defendants do have the right to remain silent and should not speak to the police without an attorney because
anything that is said can be used in Court to convict them. Criminal defendants have the right to a fair and speedy trial by a jury of their peers.
Criminal defendants have the right to confront their accusers, cross examine them at trial, and view evidence presented against them. Criminal
defendants have the right to present evidence in their defense, and to be treated fairly and impartially. Everyone has the right to be free from
warrantless and illegal searches and seizures of the person or property. It is very important that every criminal defendant have an attorney.
The process is sometimes confusing. After arrest, the first court appearance will be a bond and probable cause hearing where a magistrate
(usually a District Court Judge) will set bond. Attorneys can be present, but often have not been hired yet. After the bond hearing, the next
Court appearance is the formal arraignment where the charge is first made in Court. Criminal defendants usually plead not guilty at arraignment.
The next hearing is called an omnibus hearing. At this hearing, the judge will determine the status of discovery, hear and decide motions, and
continue pressing the case forward. A criminal law attorney is vital at every junction.
Before trial there may be several other opportunities for a hearing. One such hearing is a suppression hearing where a criminal defense attorney
will try to keep certain evidence out because a defendant's search and seizure rights have been violated. There will likely be pre-trial status
hearings to keep the judge informed as to the status of the case. There may be other evidentiary hearings, but ultimately there must be a trial.
The first part of trial is called voir dire, or jury selection. The criminal law attorney will ask potential jurors questions and narrow the group
down to twelve people. Then there will be a trial on the merits of the case to determine the guilt or innocence of the criminal defendant.
Criminal law is very complicated, even in District Court on misdemeanor or traffic violations. If you need a criminal law attorney, call us today at
(479)286-1129.
Elder Law
Estate Planning
Estate Planning is the process of preparing your assets for death so to minimize or avoid estate taxes and/or probate. The basis and most
common estate planning tool is a will. A will is a document which tells everyone how you want your assets to be distributed after your death.
Many people prefer a trust as opposed to a will for several reasons. First, it is a more private document (a will must often be probated in the
public record). Second, a trust can own property during life whereas a will cannot. Finally, a trust is more flexible and can have more "bells and
whistles" than a will can. To make sure these documents are drafted properly, you should have an estate planning attorney.
At The Bryant Firm, any will and trust comes with powers of attorney and a living will. People need to establish general powers of attorney
so that someone can pay the bills and otherwise maintain your assets in the event you are incapacitated. A healthcare power of attorney is
necessary so that others may make healthcare decisions in the event that the person needing healthcare cannot. A living will is a document
which tells your healthcare provider whether you wish to be kept on a feeding or hydration tube. An estate planning attorney can help you.
One of the primary goals of estate planning is to minimize the probate estate. In Arkansas, if your estate is smaller than $100,000 in value and
has no outstanding debt, then you may open a small estate administration proceeding as opposed to a drawn out and potentially expensive
probate proceeding. By utilizing trusts, transfer on death policies, life insurance, and other similar vehicles, the size of an estate can be reduced
to less than $100,000, and with proper debt planning creditors can be eliminated. The estate can therefore pass without going through probate.
Another goal of estate planning is the minimization or avoidance of estate taxes. Estate tax law is in a state of disarray right now. In 2010,
there is no estate tax, but if Congress does not act before the end of the year, the life time exclusion for estate tax purposes will be $1 million.
Everything in the taxable estate over $1 million could be subject to estate taxes. What constitutes the taxable estate is very complicated, so it is
necessary to review your assets with an estate planning attorney.
Probate
Probate is the process of creating an "estate" for the purpose of transferring assets to the beneficiaries of a will or the tables of intestate
succession and paying debts of a deceased person. Although probate is primarily a forms and procedural based legal proceeding, it can be very
complicated - especially when there is no will for the Court to review. A probate attorney can make this process a little easier during this
difficult and stressful time. When there is a will, the will must be "probated", a personal representative must be appointed, and then creditors
and beneficiaries get the property or money to which they are entitled. If there is no will (known as intestacy), there are statutes which
describe how to determine which heirs and descendants get what property. Then there are exceptions to many of the rules which an Arkansas
probate lawyer should review. Depending on the size of the estate, it is even possible to avoid probate administration.
At The Bryant Firm, we not only have experience in probate matters but empathy for those who need a probate lawyer. The death of a loved
one is a difficult time, and an improperly handled probate proceeding can only make the situation worse. We are here to make the process as
simple as possible while understanding and sympathising with your loss.
Small Business
Most business done in the United States is done by small businesses. Many people do not know about the benefits of creating a partnership,
limited liability company (LLC), S Corporation (S Corp) or other business entity. These entities can protect you, but they must be formed
properly. If you would like to start a business, call us at (479)286-1129!
Real Estate
Real estate is land. With land ownership comes certain legal rights and it is often necessary to have an attorney assist you in exercising and
protecting those rights. The Bryant Firm has experience in drafting deeds and other real estate documents.
Landlord Tenant
The Bryant Firm has experience in representing both landlords and tenants in Arkansas. Landlord-tenant law is also in a state of disarray right
now, as the new Landlord-Tenant Relations Act is in litigation. You will need a lawyer to help you through your landlord/tenant issue.
Employment and Discrimination Law
Having an attorney who was on the receiving end of discrimination in the workplace, The Bryant Firm understands bad employment
situations. You have the right to be free from termination on account of your age, gender, race, religion, or other "protected class." You also
have the right to a fair wage and job protection in medical crises. If you feel you have been discriminated against in the workplace, are not
receiving what you are entitled, or have been fired or punished after a medical crises, call The Bryant Firm at (479)286-1129.
Estate Planning is the process of preparing your assets for death so to minimize or avoid estate taxes and/or probate. The basis and most
common estate planning tool is a will. A will is a document which tells everyone how you want your assets to be distributed after your death.
Many people prefer a trust as opposed to a will for several reasons. First, it is a more private document (a will must often be probated in the
public record). Second, a trust can own property during life whereas a will cannot. Finally, a trust is more flexible and can have more "bells and
whistles" than a will can. To make sure these documents are drafted properly, you should have an estate planning attorney.
At The Bryant Firm, any will and trust comes with powers of attorney and a living will. People need to establish general powers of attorney
so that someone can pay the bills and otherwise maintain your assets in the event you are incapacitated. A healthcare power of attorney is
necessary so that others may make healthcare decisions in the event that the person needing healthcare cannot. A living will is a document
which tells your healthcare provider whether you wish to be kept on a feeding or hydration tube. An estate planning attorney can help you.
One of the primary goals of estate planning is to minimize the probate estate. In Arkansas, if your estate is smaller than $100,000 in value and
has no outstanding debt, then you may open a small estate administration proceeding as opposed to a drawn out and potentially expensive
probate proceeding. By utilizing trusts, transfer on death policies, life insurance, and other similar vehicles, the size of an estate can be reduced
to less than $100,000, and with proper debt planning creditors can be eliminated. The estate can therefore pass without going through probate.
Another goal of estate planning is the minimization or avoidance of estate taxes. Estate tax law is in a state of disarray right now. In 2010,
there is no estate tax, but if Congress does not act before the end of the year, the life time exclusion for estate tax purposes will be $1 million.
Everything in the taxable estate over $1 million could be subject to estate taxes. What constitutes the taxable estate is very complicated, so it is
necessary to review your assets with an estate planning attorney.
Probate
Probate is the process of creating an "estate" for the purpose of transferring assets to the beneficiaries of a will or the tables of intestate
succession and paying debts of a deceased person. Although probate is primarily a forms and procedural based legal proceeding, it can be very
complicated - especially when there is no will for the Court to review. A probate attorney can make this process a little easier during this
difficult and stressful time. When there is a will, the will must be "probated", a personal representative must be appointed, and then creditors
and beneficiaries get the property or money to which they are entitled. If there is no will (known as intestacy), there are statutes which
describe how to determine which heirs and descendants get what property. Then there are exceptions to many of the rules which an Arkansas
probate lawyer should review. Depending on the size of the estate, it is even possible to avoid probate administration.
At The Bryant Firm, we not only have experience in probate matters but empathy for those who need a probate lawyer. The death of a loved
one is a difficult time, and an improperly handled probate proceeding can only make the situation worse. We are here to make the process as
simple as possible while understanding and sympathising with your loss.
Small Business
Most business done in the United States is done by small businesses. Many people do not know about the benefits of creating a partnership,
limited liability company (LLC), S Corporation (S Corp) or other business entity. These entities can protect you, but they must be formed
properly. If you would like to start a business, call us at (479)286-1129!
Real Estate
Real estate is land. With land ownership comes certain legal rights and it is often necessary to have an attorney assist you in exercising and
protecting those rights. The Bryant Firm has experience in drafting deeds and other real estate documents.
Landlord Tenant
The Bryant Firm has experience in representing both landlords and tenants in Arkansas. Landlord-tenant law is also in a state of disarray right
now, as the new Landlord-Tenant Relations Act is in litigation. You will need a lawyer to help you through your landlord/tenant issue.
Employment and Discrimination Law
Having an attorney who was on the receiving end of discrimination in the workplace, The Bryant Firm understands bad employment
situations. You have the right to be free from termination on account of your age, gender, race, religion, or other "protected class." You also
have the right to a fair wage and job protection in medical crises. If you feel you have been discriminated against in the workplace, are not
receiving what you are entitled, or have been fired or punished after a medical crises, call The Bryant Firm at (479)286-1129.
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| The Bryant Firm, P.A. | 609 S.W. 8th Street, Suite 600 | Bentonville, AR 72712 Ph: (479)286-1129 | Fax: (479)286-1130 All rights reserved. (c) The Bryant Firm, 2010. |
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