Step 5: Dealing with the major issues
Property Division in Arkansas Divorce
Community property, which is also known as marital property comprises the property, assets and debts acquired by your spouse and you during the course of your marriage. Separate property is the property which is owned by each spouse before the marriage or which is received during the course of marriage as an inheritance or a gift. Usually, separate property is not divided in a divorce. However, separate property can become community property, if you put your spouse’s name on the title of the property.
The property that you can keep as non-marital property include:
- Any property got before the marriage.
- Property which is acquired in exchange for any non-marital property.
- Any property which is an inheritance or gift during the course of your marriage.
- Any property which is defined as non-marital by means of a written agreement.
- Any income or increase in the value of any non-marital property.
- Claims for personal injuries, worker’s compensation and Social Security disability.
All the other property except the above is considered as marital property and divided equally unless the court feels that there should be an unequal distribution on basis of the following factors:
- Duration of marriage.
- Health, age and position of both spouses.
- Sources of income and the amount.
- Vocational skills and employability.
- Any marital misconduct.
- Estate, needs, liabilities and opportunities for acquisition of income and capital assets in the future by both spouses.
- Contribution of both spouses to acquisition, appreciation and maintenance of the marital property.
- Income tax obligations.
Child Custody in Arkansas
In case your spouse and you have any minor children from the marriage, then there will be a custody determination. Usually, in the past, one of the parents was given the custody of the children while the other had visitation rights. Most times, the children lived with the parent who had the custodial rights, who also made the everyday decisions for the children.
The other spouse was given visitation times with the children and most of the major decisions were taken by both the parents, for example, medical care or schooling. However, today the trend is for both parents to play an active role in the lives of the children, which is essentially the concept of joint custody.
In Arkansas, the child custody law determines the custody on basis of the best interests and welfare of the child irrespective of the sex of the parent. If the child is old enough and has the capacity to reason, the judge may consider the child’s wishes. However, the Arkansas State supports joint custody.
Spousal Support in Arkansas
The alimony law of Arkansas states that alimony can be awarded on basis of:
- The circumstances of both spouses and it depends on the nature of the case.
- Fault grounds may be taken into consideration.
- Alimony may be awarded to the spouse seeking it for an indefinite or limited period of time, in installments or as a lump sum amount.