Divorce Guide

Divorce Guide

Arkansas Divorce Custody

Divorce cases in USA have been on rise for last few years. The federal government of the United States of America has also been trying to address this issue. Divorce is defined as a legal separation of the spouses which ends their marital relationship. There could be a number of reasons for filing a divorce case but the court takes a due not of every aspect of the case. The court also addresses the issue of child custody, child support, division of property and spouse support before delivering its decision.

A citizen of Arkansas can file a divorce case in the courts only if he/she is a resident of the state for a period of 60 days. Also the person has to be a resident of the state for a period of 3 months soon before the divorce is finalized. The court inquires into the authenticity of the case and rejects the case if the complainant is not a resident of Arkansas.

There may be several grounds on the basis of which a petition for divorce could be filed. One of the grounds may be the separate dwelling of the spouses for a continuous period of 18 months. Some of other general grounds on the basis of which a petition for divorce could be filed are as follows. Impotency of either of the spouses, habitual drunkenness for a continuous period of one year, conviction of felony, adultery or physical abuse of one of the spouses by the other.

The spouse who initiates the petition is called a plaintiff. The plaintiff initiates the petition on the basis of the Covenant Marriage Act 2001. It is to be noted that the courts in Arkansas can also accept and enforce the written agreement between the husband and the wife which states the reason and terms of separation. These terms may range from alimony and maintenance to the property division.

The divorce procedures are comparatively fast in uncontested cases. The plaintiff and the defendant have to submit a proof of residence and a proof of separation. However, the court and Arkansas divorce laws has made it mandatory for the two parties to attend a two hours parenting class.

The issues of property distribution after the divorce are resolved in detail in the cases of divorce. Arkansas follows the principle of equitable distribution. The marital property acquired by either of the spouses is distributed equally between the two parties. The court however makes special arrangement taking into consideration the length of the marital relationship, age and health of the parties involved, property, debt and the contribution of spouses to the marital estate individually, employability and the sources on income. Hence the court may ask either of the spouses for the award of alimony of fixed installments for a fixed period of time.

Arkansas divorce law decides on the custody of the child taking into account the welfare aspects of the child. The sex of the parent is not given importance while deciding on the support for the child. The support to the child continues until the child attains the age of 18 years or does not graduate from high school.

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