This is the first post in a series of articles in which we will discuss how property is divided between divorcing spouses in Little Rock, Arkansas. For obvious reasons, this can be one of the most contentious issues in divorce cases. The parties often have deep-seated disagreements about which of them should be awarded certain marital property and who should be responsible for marital debts after the break-up. If they cannot reach an agreement on their own, a Judge will decide the matter on their behalf in a formal legal proceeding. It is important to understand how Arkansas’ law may impact the Judge’s decision. An experienced attorney can review your case and help you understand your rights. If you are considering a divorce, contact our office to schedule a consultation with a lawyer.
This series will address the following key topics:
- How a Court will apply Arkansas’ law to determine the equitable division of property
- Establishing whether assets and debts are marital or non-marital
- How a property division may impact spousal support
- The importance of enforcing a final divorce decree
We felt it was important to write about these subjects for several reasons. First, divorce laws differ from state to state. Unlike some, Arkansas is not a community property state. Instead, marital property and liabilities are divided “equitably” between spouses. Residents should understand how this concept may impact their divorce. Second, only marital property will be divided in the process while nonmarital property will be retained by its original owner. Identifying which assets and liabilities are nonmarital can become complicated and may significantly impact the outcome of the case. Third, when considering whether a person should receive alimony, the Court considers the post-divorce financial resources of each party. Many people do not realize that this evaluation will take into account awards of marital assets and debts. Finally, if a party refuses to comply with a court-ordered property division, the other may not know how to handle the situation. Legal recourse is available to enforce the decree and the noncompliant party may face contempt of court charges.
If you need assistance, contact our office to speak to a Little Rock divorce lawyer. Our attorneys are experienced in family law issues and can help you understand your legal rights. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas.