Arkansas Legal Separation Forms

The duration of payments is determined by a judge in Arkansas family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

A judge will assess if one spouse has a demonstrated financial need and if the other spouse has the ability to pay alimony. Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time.

In Arkansas, when one spouse pays financial assistance to help the other spouse, that assistance is called alimony. (Alimony is sometimes referred to as spousal support or "maintenance".) Arkansas judges have wide discretion in deciding whether to award alimony, as well as the amount and duration.

Once the court finalizes your divorce, you or your spouse can remarry or start dating. Because Arkansas is a fault state for divorce, dating before the divorce is finalized can give the other side grounds for divorce.

To file for separation from this type of marriage, one or both spouses must live in the state, and you must present a legal reasonor, groundfor your request. Additionally, the law requires spouses to obtain specialized counseling before either party can file for separation.

Arkansas is an equitable distribution state when it comes to property division in the dissolution of a marriage. Parties to a divorce have the ability to personally divide their property by a signed settlement called a Marital Separation Agreement or a Property Settlement Agreement, which the judge must approve.

In most cases, only persons who have been involved in a marriage of a longer duration (usually over 5 years) are qualified for spousal support. Also, the court will take into account several factors when making the support determination, including: The earning capacity of each spouse.

To file for a divorce in Arkansas you must have lived in Arkansas for 60 days before filing and have grounds for divorce. The the most commonly used grounds for divorce are "general indignities" and "separation for 18 months." The grounds must have happened within the last five years.

Separation in Arkansas Can be Complicated To file for separation from this type of marriage, one or both spouses must live in the state, and you must present a legal reasonor, groundfor your request. Additionally, the law requires spouses to obtain specialized counseling before either party can file for separation.