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By Kristina OtterstromAttorney.
Today, rehabilitative alimony is more the norm than "permanent" alimony, which is where a spouse receives support for a lengthy period of time. By Joseph PandolfiRetired Judge. Alimony Adultery and Alimony. The only "no-fault" ground that exists in Arkansas is that the spouses have lived separate and apart for 18 continuous months, without cohabitation sexual relations. Permanent alimony is usually restricted to long-term marriages, particularly where the recipient spouse is unlikely to become fully self-supporting because of age, health, or other contributing factors.
If your spouse has been unfaithful and you're seeking a divorce in Arkansas, adultery is one of the grounds upon which you can base a request to legally end your marriage. Get Professional Help.
Find a Lawyer Start here to find family and divorce lawyers near you. When it comes time for a judge to make a ruling on the issue of custody, the neglectful parent would be hard-pressed to make a convincing argument for being entrusted with the child's care.
Arkansas judges have wide discretion in deciding whether to award alimony, as well as the amount and duration. Market Your Law Firm.
Call us at 1 Issue: search. In Arkansas, when one spouse pays financial assistance to help the other spouse, that assistance is called "alimony. Learn whether adultery can affect alimony in an Arkansas divorce. In some states, the information on this website may be considered a lawyer referral service. So if a parent's philandering jeopardizes 's well-being, then that could certainly enter into a judge's decision regarding the parent's right to custody or parenting time visitation. A separation is not the same as the classic no-fault ground of incompatibility, but it still avoids one spouse claiming the other caused the divorce.
The reality is that alimony awards will likely come down to a judge's determination as to one spouse's need for it and the other spouse's ability to pay it. As a general rule, judges take into consideration items such as:.
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The attorney listings on this site are paid attorney advertising. As for child supportthe amount of time spends with the parent who is obligated to pay support can impact a determination of the support amount. Alimony Divorce and Property. Arkansas law permits both "no-fault" and "fault-based" grounds reasons for divorce.
Can i get temporary support during my divorce?
In a fault-based divorce, a spouse claims that the other engaged in marital misconduct which caused the divorce. Alimony in Arkansas During marriage, couples share the cost of basic necessities like housing, food, clothing, and transportation.
Lawyer Directory. Unlike most other states, Arkansas's child support guidelines don't automatically factor parenting time into the calculation of support.
But judges are permitted to at least consider parenting time when deciding on a support amount. With no-fault divorce, neither spouse blames the other for the break up. Determining alimony can be a complicated process. The state also has a of Arkansas grounds. Divorced, this isn't a problem because each spouse has a good job, plenty of savings, and dating to assets. As a rule, the more parenting time those parents have withthe less child support they'll have to pay, because they're spending money on the child during parenting time.
But other times, one spouse may not be economically self-sufficient at the time of the divorce. As indicated above, the statute is short on specifics as to guidelines for a judge to follow in awarding alimony. Code Ann. What this means as a practical matter is that judges can look at a variety of factors in addressing alimony. Let's say, for example, that a parent frequently leaves a young child unattended while that parent is out engaging in an adulterous affair. The law does specifically reference one type of spousal support known as "rehabilitative" alimony.
You should consider consulting with a local divorce lawyer to see whether alimony is applicable in your case. It's unlikely that adultery will have a direct affect on alimony. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. The applicable statute simply says that judges can issue alimony orders "as are reasonable from the circumstances of the parties and the nature of the case.
Spousal fault isn't referenced in the statutes that deal with alimony. Arkansas spousal support laws are rather vague.
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That said, be mindful that when it comes to custody matters, judges are obligated to prioritize the best interests of Arkansas child. So if the court denies or ificantly limits parenting time because of a parent's adulterous behavior, the offending parent could end up paying a higher amount in support. During marriage, couples share the cost of basic necessities like housing, food, clothing, and transportation. In awarding rehabilitative alimony, the court may require the recipient spouse to dating a plan laying out divorced that spouse intends to attain self-sufficiency. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
As a general rule, judges take into consideration items such as: how long the spouses were married the spouses' health and ages the education, training, career history, and future prospects of each spouse the amount of assets and liabilities each spouse will have after the divorce is final whether one spouse gave up the opportunity to pursue a career to be a stay-at-home caretaker for the children, and whether one spouse financially supported the other spouse's education.
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