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Arkansas Marriage Separation Agreement

by on Apr.08, 2021, under Uncategorized

Once the marriage is over, the next decision is what type of divorce should be pursued. According to Arkansas law, there are two types of divorce: absolute divorce and divorce from bed and board. If the spouses cannot consent, a claim for a separate support order, similar to the filing of a divorce complaint, can be filed. This requires the court to rule on issues such as custody, support and ownership sharing. The court makes an order containing the judge`s judgments, as well as a divorce decree, except that the marriage is not legally over. Separate support is not really a divorce at all. Instead, it is simply an action in which the parties are separated and one of the parties needs help. It affects the legal status of marriage. In Arkansas, the separation of legal provisions is particularly complicated because the state recognizes two types of marriages and three types of separations, so negotiating a separation agreement requires knowledge of state law and good bargaining skills. In Arkansas, there are separation laws that are unique to the state.

(Family Law is in the Arkansas Code Title 9, Chapter 12) The path of separation that a couple takes depends on their preferences and the type of marriage the spouses have entered into. In fact, this means that it was no one`s fault, especially the disintegration of marriage, but that the reason for the creation of that union no longer existed. There is no fundamental reason for divorce in Arkansas: if the parties are unable to agree on their own, the judge will, however, proceed with an equitable distribution of ownership and debt. Equitable distribution means an equitable division of ownership on the basis of the particular circumstances of each party. Arkansas law assumes that a couple`s marital property is 50-50, but several factors can lead a judge to move to unequal distribution. Arkansas is a “fair distribution state” in terms of the distribution of wealth when a marriage is dissolved. Divorce parties have the opportunity to personally share their assets through a signed transaction, the so-called marriage separation contract or a real estate transaction contract, which the judge must approve. Note: Arkansas is one of a handful of states that allow marriages of alliances outside of traditional marriage. This is another type of marriage, in which the couple agrees, among other things, to advise before marriage and a more limited justification for divorce if they decide to obtain one in the future. If this is your case, you can find more information about the divorce process in this Arkansas Legal Services brochure and you can also read the corresponding status on our selected Arkansas Statutes page.

Arkansas has reasons for guilt and error to divorce. In the event of a faultless divorce, the “irretrievable breakdown of marriage” is the standard used to justify divorce. On the other hand, divorces based on errors require much more specific grounds, such as adultery, the “unbearable behaviour” of a party, the task for more than six months or the two parties who have accepted the dissolution of the marriage and who have lived apart and separated for more than a year, or the two parties who have lived separately and separated for more than two years.

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