| 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.
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.
FAMILY LAW
| PRACTICE AREAS |
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.
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.
What area of family law are you interested in learning more about?
| 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 |