Divorce, Separation & Annulment:
A divorce differs from an annulment in the respect that an annulment, if granted, erases the fact the couple was ever married. A divorce, however, stays on record. It is very difficult to get an annulment, though. In Arkansas, there are very limited reasons allowed for an annulment.
Legal Separation vs. Divorce
A legal separation is an action that married couples may elect in the event that they do not wish to live together, but are not sure that they wish to be divorced. In Arkansas, you may also hear a legal separation referred to as separate maintenance and/or divorce from bed and board.
Legal separation offers protection to an individual in the event that his or her spouse incurs debt and offers additional protection concerning child custody, child support and tax liability.
A divorce is a complete dissolution of the marriage.
An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.
A contested divorce can involve an argument over property, custody, debt, asset division or any other matter related to the dissolution of the marriage. The deciding factor that makes it a contested divorce is that there is an argument over something requiring a compromise/settlement or maybe even a hearing before the judge.
Child support guidelines vary from State to State. Arkansas has a chart produced by the Arkansas Supreme Court that sets child support based on the income of the noncustodial parent. Some states take into account the income of the custodial parent as well; Arkansas, as a general rule, does not. Courts can vary from the chart, but must have a good and stated reason for doing so.
Spousal support is granted by the Court in Arkansas if a set number of criteria are met as set forth in Arkansas case law, beginning with the length of the marriage and disparity of income. Whether or not a Court grants such support is an unknown until all facts are considered, and don't let anyone tell you otherwise.
A prenuptial agreement is an agreement made in anticipation of marriage or before marriage. Arkansas Courts generally find such agreements binding. While a prenuptial agreement may include provisions for child custody and support, the decision is still up to the court. The court may change the provisions regarding these issues as they see fit.
Arrange a Consultation
To discuss issues with a lawyer that involve your family, such as divorce, separation, annulment, child support, spousal support, child custody or a prenuptial agreement, please call the our offices in Little Rock 501-372-4462 or Benton 501-303-4577.
1320 Brookwood Dr
Little Rock, AR 72202