| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
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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.
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.
Divorce
| PRACTICE AREAS |
There are many issues that must be explored in every divorce, including the reason for
divorce, property division, debt division, child custody, child support, visitation, alimony,
and other orders that are necessary to maintain order, civility, and safety of the divorcing
spouses. This page will provide the reader with a brief synopsis of the issues
surrounding divorce.
Grounds: The Reason for Divorce
Arkansas is a "fault" state, meaning one must have a reason that a divorce is necessary.
"Irreconcilable differences" is not a reason in Arkansas. The grounds for divorce are
provided by statute and are:
divorce by a preponderance of the evidence.
Property Division
Almost every couple will have accumulated property and/or debt during the course of
their marriage. Anything that was acquired by either spouse during the marriage is
usually considered to be marital property. There are very complicated rules regarding
what is and is not marital property, so it is important to have an attorney review each
major asset and debt that you have to determine whether it is divisible.
The Court is required to divide the marital property and debt one half to each spouse
unless that is "inequitable." Inequitable obviously does not mean unequal - it really means
unfair. So the Court more importantly must decide what is fair. The Court will look at
the entire set of circumstances of each party to determine what is or is not fair.
Research suggests that the financial divorce may actually take two or three years. It
takes time to get all debts separated, property in the right hands and legal title, and even
for your credit reports to stop reflecting what was a joint debt.
Child Custody, Child Support, and Visitation
If a couple has children under the age of eighteen, the Court must determine who will
exercise custody of the children. If a judge awards one party full custody, the judge will
award the other party visitation rights and order that he or she pay child support. For
very obvious reasons, this can be the most emotionally charged part of a divorce.
Click here to learn more about Child Custody.
Click here to learn more about Child Support.
Click here to learn more about Visitation.
Alimony
Alimony in Arkansas is based on one spouse's need for that alimony after divorce and the
other spouse's ability to pay it. In most circumstances, it will be awarded at a certain
amount per month and last for a certain time. It will usually cease after that time has
ended, after the receiving spouse has remarried or had another child with a person other
than the paying spouse, or the receiving spouse dies.
Click here to learn more about Alimony.
Other Considerations
After filing for divorce, it may be necessary to seek a temporary order of the Court
regarding child custody, child support, visitation, alimony, property assignments, and
debt responsibilities. This order is in effect until there is a final divorce decree.
In every case, parties are ordered by the Courts not to engage in any behavior that
intimidates, harasses, annoys, or otherwise bothers the other party. They are also
ordered not to dispose of any property except in the ordinary course of business, and
cannot remove children from the jurisdiction without the permission of the Court.
Failure to abide by these provisions can result in the Court finding an offending party in
contempt and issuing sanctions such as attorney fees for the other party, fines, or even
jail time.
divorce, property division, debt division, child custody, child support, visitation, alimony,
and other orders that are necessary to maintain order, civility, and safety of the divorcing
spouses. This page will provide the reader with a brief synopsis of the issues
surrounding divorce.
Grounds: The Reason for Divorce
Arkansas is a "fault" state, meaning one must have a reason that a divorce is necessary.
"Irreconcilable differences" is not a reason in Arkansas. The grounds for divorce are
provided by statute and are:
- Impotence at the time of marriage and continuing until divorce;
- The commission of a felony or other infamous act by one spouse;
- Habitual drunkenness for a period of one year by one spouse;
- The offering of such cruel and barbarous treatment by one spouse so as to
endanger the life of the other; - The offering of such indignities by one spouse to the other such to render his or
her life intolerable; - Adultery;
- Separation for eighteen continuous months without cohabitation; and
- Separation for three years when one spouse is incurably insane.
divorce by a preponderance of the evidence.
Property Division
Almost every couple will have accumulated property and/or debt during the course of
their marriage. Anything that was acquired by either spouse during the marriage is
usually considered to be marital property. There are very complicated rules regarding
what is and is not marital property, so it is important to have an attorney review each
major asset and debt that you have to determine whether it is divisible.
The Court is required to divide the marital property and debt one half to each spouse
unless that is "inequitable." Inequitable obviously does not mean unequal - it really means
unfair. So the Court more importantly must decide what is fair. The Court will look at
the entire set of circumstances of each party to determine what is or is not fair.
Research suggests that the financial divorce may actually take two or three years. It
takes time to get all debts separated, property in the right hands and legal title, and even
for your credit reports to stop reflecting what was a joint debt.
Child Custody, Child Support, and Visitation
If a couple has children under the age of eighteen, the Court must determine who will
exercise custody of the children. If a judge awards one party full custody, the judge will
award the other party visitation rights and order that he or she pay child support. For
very obvious reasons, this can be the most emotionally charged part of a divorce.
Click here to learn more about Child Custody.
Click here to learn more about Child Support.
Click here to learn more about Visitation.
Alimony
Alimony in Arkansas is based on one spouse's need for that alimony after divorce and the
other spouse's ability to pay it. In most circumstances, it will be awarded at a certain
amount per month and last for a certain time. It will usually cease after that time has
ended, after the receiving spouse has remarried or had another child with a person other
than the paying spouse, or the receiving spouse dies.
Click here to learn more about Alimony.
Other Considerations
After filing for divorce, it may be necessary to seek a temporary order of the Court
regarding child custody, child support, visitation, alimony, property assignments, and
debt responsibilities. This order is in effect until there is a final divorce decree.
In every case, parties are ordered by the Courts not to engage in any behavior that
intimidates, harasses, annoys, or otherwise bothers the other party. They are also
ordered not to dispose of any property except in the ordinary course of business, and
cannot remove children from the jurisdiction without the permission of the Court.
Failure to abide by these provisions can result in the Court finding an offending party in
contempt and issuing sanctions such as attorney fees for the other party, fines, or even
jail time.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |