Owings Law Firm

Trial tested. Client friendly.

Services: Family Law

Legal advice and representation sensitive to divorce and child custody.

Divorce

A divorce is a complete dissolution of the marriage.

An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc.  If both parties have not reached a mutual agreement, the divorce is considered contested.

A contested divorce can involve an argument over property, custody, debt, asset division or any other matter related to the dissolution of the marriage.  The deciding factor that makes it a contested divorce is that there is an argument over something requiring a compromise or settlement, or perhaps a hearing before the judge.

Military Divorce

There are several factors in a military divorce that are not present in a divorce between civilians.  Depending on such details as the length of the marriage, the time served in the military, and the marriage’s Survivor Benefit Plan, an ex-spouse may be entitled to benefits such as medical care and part of the military spouse’s retirement pay.

Jurisdiction over the divorce proceedings is given to the state where the filing spouse lives, there are exceptions but the exceptions rarely take precedence.

Annulment

An annulment erases the fact that the couple was ever married.  In Arkansas, there are very limited reasons allowed for an annulment.

Legal Separation

A legal separation is an action that married couples may elect in the event that they do not wish to live together, but are not sure that they wish to be divorced.

Legal separation offers protection to an individual in the event that his or her spouse incurs debt, and offers additional protection concerning child custody, child support, and tax liability.

In Arkansas, you may also hear a legal separation referred to as separate maintenance and/or divorce from bed and board.

Child Support

Arkansas has a chart produced by the Arkansas Supreme Court that sets child support based on the income of the noncustodial parent.  Courts can vary from the chart, but must have a good and stated reason for doing so.

Spousal Support

Spousal support is granted by the Court in Arkansas if a set number of criteria are met as set forth in Arkansas case law, beginning with the length of the marriage and disparity of income.  Whether or not a Court grants such support is unknown until all facts are considered.

Child Custody

Legal custody means having the legal responsibility of caring for a child or children.  In most cases in Arkansas, one parent is awarded legal custody of the children, while the other parent is awarded visitation.

In situations where joint custody is awarded, the parents share all or most of the decision-making authority about the welfare of the child or children.  Arkansas courts usually do not order joint custody unless both parents agree to terms.

Prenuptial Agreements

A prenuptial agreement is an agreement made in anticipation of marriage or before marriage.  Arkansas Courts typically find such agreements binding.

While a prenuptial agreement may include provisions for child custody and support, the decision is still up to the court.  The court may change the provisions regarding these issues as they see fit.

Services: Wills & Estates

Wills, trusts, and asset protection to safeguard your family and future.

Wills & Estates

We provide legal services for:

  • Drafting wills and trusts
  • Probating wills
  • Estate management