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Divorce FAQ

Sat, 24 Aug 2024 15:32:00 GMT

A lot of people come into our office and don’t have a single idea about the steps involved in getting a divorce. That’s okay! We like providing our clients with answers. Below are a few frequently asked questions that may help you when thinking about a divorce and/or looking for an attorney.

How/where do I file for divorce?

In order to file for divorce in Arkansas, you must have lived in the State of Arkansas for at least 60 days prior to filing. It does not matter where you were married. You could have married in Alaska 90 days ago, as long as you have resided in Arkansas for at least 60 days, you can file for divorce.

To begin a divorce action, all you have to do is file a Complaint for Divorce with the Circuit Clerk. You will file this document in the county where you reside. While we always recommend hiring an attorney to assist you through this process, the law does allow you to represent yourself. Legal aid has some great forms readily available for those who wish to represent themselves: https://a.arlawhelp.org/divorce-separation-annulment/introduction

At the time you file the complaint, you will need the circuit clerk to prepare a summons. The summons and complaint must be served on your spouse within 120 days. Your spouse can always agree to waive service but any waiver will need to be in writing and notarized.

What are the grounds for divorce?

Is your spouse a drunk? Did your spouse cheat? Have you just not seen your spouse in over 18 months?

These are all reasons that a court could award a divorce. The full list can be found at Ark. Code Ann. 9-12-301.

The most common grounds for divorce in Arkansas are those of “general indignities.” What is a general indignity? We’re glad you asked! The Courts have said that “a plaintiff must show a habitual, continuous, permanent, and plain manifestation of settled hate, alienation, and estrangement on the part of one spouse, sufficient to render the condition of the other intolerable.” Poore v. Poore , 2001 76 Ark. App. 99.

If you’re considering a divorce, odds are your spouse has made your life intolerable.

How will property/debt be divided?

The general rule is that all marital property will be divided 50/50. Ark. Code Ann. 9-12-315 . As a general rule of thumb, marital property is property that was acquired during the marriage (no duh, right?). But there is some property that is not considered marital whether it was obtained before or after the marriage. For example, gifts, inheritance, or benefits received through a worker’s comp claim.

Even though the default rule is to divide marital property 50/50, a court can divide anyway it wants if the court finds a 50/50 distribution would be inequitable. In these cases, the court will consider a variety of factors to determine what an equitable distribution would be. These factors are: i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income;(v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property.

Who will get the kids?

Arkansas law says that joint custody is in the best interest of the child. The most likely outcome of any custody dispute is joint, but that is not guaranteed. While the presumption is in favor of joint custody, it is not mandatory, and the “ultimate guiding principle that the best interest of the child is the polestar factor for custody determination.” Pilcher v. McWilliams, 655 S.W.3d 868, 2022 Ark. App. 487 (2022).

How much child support will I owe/receive?

Child support is dependent on a lot of different factors. Fortunately, there are easy to use forms and calculators to help assist you will this. For each and every case involving child support, the parties will have to complete an Affidavit of Financial Means. You can get the form by clicking here .

After each party completes this affidavit, the numbers are then plugged into a calculator which you can access here . On the far right, you select what type of custody arrangement there is (joint or non-joint), at the top you select the number of children. After that you plug in the numbers. Each party is entitled to a deduction for the amount they spend each month on work-related childcare expenses, extraordinary medical expenses for the children, and health-insurance for the children.

Plug those numbers in and out pops the presumptive child support amount. You and your spouse can always agree to more or less child support, but if you can’t come to an agreement otherwise, this will be what the court orders.

How to Choose a Family Law Attorney

Wed, 11 Jan 2023 21:27:00 GMT

It’s easy to find a family law attorney; google “family attorney Little Rock” and you get dozens, if not hundreds, of results. Finding the right family attorney can be a little more difficult. There are many things you want to think about when looking for an attorney to help you through this difficult time, we think the three most important considerations when hiring a family law attorney are trust, experience, and availability.

Our Story

Mon, 11 Mar 2019 17:07:00 GMT

by Kelli LaPorte-Jenner

When we decided to start our own law firm, we knew that we wanted to hold ourselves to a higher standard. So we wrote down what our core values are, and wanted to share them with our clients so they know we take our values seriously.

We share a passion for service, and that passion is what led us both to go to law school in the first place. Kelli started her legal career working for the Pulaski County Public Defender’s Office, providing legal representation to low-income residents here in Central Arkansas. Frank started his legal career working for the Center for Arkansas Legal Services as an advocate for renters and renter rights. Kelli then moved into the private sector where she began her practice of handling family law cases, and we now bring those skills to our clients.

Our core values are:

ADVOCACY

The practice of law is more than just a business. We represent people in difficult times in their lives.

COMPASSION

We care about our clients, and we want them to feel cared for. People don’t typically hire attorneys when things are going well; we are mostly hired when plans go awry. No matter what brings you to our firm, we promise to listen, care, and treat you the way we would want to be treated.

TRANSPARENCY AND COMMUNICATION

We strive to be 100% transparent when it comes to fees and potential outcomes. As advocates, we want our clients to be able to put their legal issues behind them so they can look to the future. The last thing we want is for our clients to feel blindsided by hidden fees and costs.

EFFICIENCY

We don’t waste our client’s time or money. We are constantly updating our practice and looking for ways to improve so that we can be more efficient while still achieving great results.

QUALITY

We care about our work product. We don’t file anything that we are not proud to have our names on.

It’s possible our values will grow and transform as our firm grows, but at our core, this is who we are.

They Didn’t Read Me Miranda!

Mon, 11 Mar 2019 17:05:00 GMT

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

If you have ever turned on TBS in the middle of the day, you have surely heard Detective Olivia Benson spout this phrase while she forces a suspect into handcuffs. While we love Law and Order and it’s progeny, this rushed declaration of Miranda Rights is hardly realistic.

One of the number one questions defense attorneys get asked is “They didn’t read me Miranda, can I get my case dismissed?” The answer, in short, is probably not. So let’s talk about why.

Miranda Rights come from a Supreme Court case called, you guessed it, Miranda v. Arizona . The Supreme Court case actually involves four different cases that had been appealed, for simplicity’s sake, we will focus on the titular case of Miranda. In that case, Miranda was arrested and taken into police custody. While in custody, he was interrogated for two hours, which ended when he signed a written confession to the charges of kidnapping and rape. At the top of the confession was a typed paragraph stating that the “confession was made voluntarily, without threats or promises of immunity and ‘with full knowledge of my legal rights, understanding any statement I make may be used against me.’”

Naturally, the prosecution used this signed confession in the trial against Miranda. During the jury trial, officers admitted that despite the typed paragraph at the top of the confession Miranda was not advised of his right to have an attorney present.

In their decision, the Supreme Court wrote that a typed paragraph at the top of a confession in no way demonstrates that Miranda had full knowledge of his legal rights or that he knowingly and voluntarily waived those rights. The Court went on to say that the prosecution cannot use statements stemming from the custodial interrogation of a defendant unless it demonstrates use of procedural safeguards to ensure the defendant knows his rights.

Ok…great. But what does this mean!

Practically speaking, it means that if you are stopped by the police or arrested, they do not have to automatically yell your Miranda Rights at you while they struggle to put you in handcuffs. Sorry, Liv, you got this one wrong. In reality, you wouldn’t want them to yell your Miranda Rights at you in this manner. You want to be able to process them, you can’t very well do that while someone is jerking you around.

The key term to remember is “custodial interrogation.” Police are people, they are allowed to talk to you. But, if the police have taken you into custody then they must read your Miranda before they question you. This means that police can arrest you without reading you Miranda, but if they want to discuss the case with you after your arrest, they must advise you of your rights.

If you have been arrested, we highly recommend you use your rights, they are there to protect you! Be aware that you are required to answer certain questions, for example, your name, date of birth, address, and other identification information. Besides this information, the only words out of your mouth should be “I want an attorney” and then call us at (501) 515-1692.

Come Meet the Firm!

Mon, 11 Mar 2019 17:04:00 GMT

Hey lawyer friends! Come hang out with us this Thursday, February 9 at the Flying Saucer with the Arkansas Bar Association’s Young Lawyer Section. The Bar Association’s midyear meeting kicks off tomorrow, and to celebrate the Young Lawyer’s Section is hosting a mixer at the Flying Saucer.

Frank is the current Secretary-Treasurer for YLS, and has been a member of the executive council since 2021. Frank was awarded the Arkansas Bar Association’s YLS Award of Excellence in 2022 for his volunteer work with the Bar Association, which he was presented with at the 2022 Arkansas Bar Association annual convention in Hot Springs, AR.

We love the legal community here in Central Arkansas, so we hope to see everyone this Thursday for a fun get together and networking opportunity.