When you’re going through a divorce and emotions are high, it can be challenging to understand the timing and steps of the divorce process. It’s important to remember, however, that there are resources available to help you along the way. This article will walk you through:
- Who has child custody rights during the divorce process, and how custody is determined.
- Whether you still need to go to court if you and your spouse agree on the terms of the divorce, such as child custody or spousal support.
- How assets and debts are divided in the state of Arkansas.
Do All Matters Of My Divorce Need To Be Settled At The Same Time To Proceed With My Divorce?
Usually, all divorce matters must be settled at the same time, including child or spousal support, asset division, child custody, etc. In Arkansas, property division and related matters must be done with the divorce unless there is a bankruptcy that affects it.
If one of the spouses is in bankruptcy and there is a stay from the bankruptcy court, the divorce can be granted and the property divided later when the bankruptcy stay is lifted. Aside from that, divorce matters should be completed all at once.
What Are The Most Common Things That Hold Up Or Complicate Divorce And Other Family Law Matters?
One of the biggest factors that slows down a divorce is irrational parties. Often, one side is just not going to be reasonable, and this greatly increases the amount of time that is required.
In Arkansas, the law on property division and divorce is relatively straightforward. If you have two rational parties, you can move through the process much faster. However, when one party is irrational, it multiplies the litigation and makes it take exponentially longer.
Who Has Child Custody During The Divorce Process In Arkansas? How And When Is Custody Determined?
Custody is set by a court order, but there is no guideline on who has custody. Both parents have equal custody rights until there is a court order. Generally, after one side files for divorce, there is no ruling on who should have custody until either a temporary or a final hearing.
Parents often have to work out child custody issues on their own. We can ask for a temporary hearing, which is usually six to eight weeks after the case is filed. You can ask for a temporary custody ruling during this temporary hearing, but until there is a final hearing and an order, there is no rule on who has custody.
If The Other Parent And I Can Agree On Custody And Visitation, Do We Still Need To Go To Court?
Even if you reach an agreement together, you have to get the agreement signed by the judge. It needs to be incorporated in a court order and signed, but that doesn’t mean you must have a trial. It may just be a short appearance in court during which the judge approves the agreement and signs an order.
How Is The Amount Of Child Support Calculated In Arkansas?
In Arkansas, the incomes of both parties are considered in child support decisions. There is also a child support calculator on the internet that the Arkansas courts have promulgated. It sets out how much the child support should be. You must put in each person’s income, the number of children, the health insurance and daycare expenses for the children, and then the calculator will determine how much the child support should be.
Can Divorcing Spouses Decide How Assets And Properties Should Be Split Without Court Intervention?
If the divorcing couple can reach an agreement, the court will approve their agreement 99.9% of the time. However, like with child custody, you still have to get it incorporated into a court order and have the judge sign off on it.
How Is Debt And Asset Division Handled During A Divorce In Arkansas?
Fights over assets and debts during a divorce are relatively uncommon in Arkansas because the laws are straightforward. Generally, the law in Arkansas is that all marital property is divided in half, split between each spouse, absent an agreement to the contrary. For example, if you have a house with a hundred thousand dollars in equity, either the house is sold and you each get half, or one of you buys out the other for half of the equity.
Debts in Arkansas are a little different because the law does not require that debt be divided equally. For instance, one party may make $100,000 a year while the other makes $30,000 a year. The judge may require the person who makes $100,000 a year to pay more of the debt than the one who makes 30,000 a year.
It also depends on who is getting the fruits of the debt. Imagine a couple is $2,000 in debt for a washer, dryer, and refrigerator. If one party is keeping all the appliances, the judge will usually require that person to also pay the debt.
For more information on Matters To Be Decided In An AR Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (501) 984-7567 today. 0
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