Arkansas Divorce Laws

Arkansas Divorce Laws regarding premarital agreement

If the party subjected to enforcement of the premarital agreement proves one of the below mentioned, then the agreement cannot be enforced.

• The agreement was not executed voluntarily by the party
• The party did not give up the right to property or financial obligations or to receive a full disclosure

Arkansas Divorce Laws for child support

The latest revision of the family support chart is referred to by the Court to decide the reasonable amount of child support. The parents are required to pay child support through the Arkansas child support clearing house. In case the parent is not self-employed, a wage assignment is used for payments. As per the law, child support should be done till the child attains 18 years of age. It may be continued thereafter if the child has a disability that prevents independent life or the child has not cleared high school education.

Child custody

The best interests and welfare of the child are taken into account while deciding child custody. The sex of the parent has no significance in this issue. The following issues are thought over –

• Domestic abuse by any partner
• The partner who would more possibly permit continued and frequent contact with the other partner who has not taken custody
• The child preferences, in case the child has an ability to reason and is of enough age

Sometimes the Court may reach a decision that the optimum interest of the child is in awarding custody to a grandparent. In this case also, the sex of the grandparent has no importance.

Change in wife’s name

The Court restores the wife’s name to that which she had prior to the marriage, when the Court finds that both the parties may be permitted to have a divorce.

Alimony

Spousal support is awarded for a fixed period to either spouse by means of fixed installments. These installments are terminated when the following happens –

• Remarriage of the receiving spouse
• Death of either partner
• Incidents outlined while award is made
• When the receiving spouse establishes a relation that gives rise to offsprings

Property distribution

This state believes in the concept of equitable distribution. The property attained by either partner during the marital life is classified as marital property. The initial step in distribution of property is to offer half part to each partner. However, it may happen that the Court may find this distribution inequitable. To resolve this problem, the below mentioned issues are speculated.

• Due to the division of property by the Court, what Federal Income Tax consequences would take place
• The needs, debt and property of each partner and the chances that each partner has to further attain income and capital assets
• The input of each partner in creating the marital estate. This is inclusive of the role of either partner as a homemaker
• Sources of income, amount of income, occupation, vocational skills and employability of each partner
• Health and age of each partner
• The duration of marital life

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