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Divorce, death and the complexities of property division

Most everyone in Lonoke County who is getting a divorce knows that Arkansas is an equitable property division state, meaning that a court will divide marital property with equity in mind. While this does not necessarily mean that it will be divided equally, it often is. There are some things, however, that are a little more difficult to divide, which is why anyone going through a divorce should work closely with his or her property division lawyer to ensure an equitable settlement.

One story that may have caught Lonoke residents' attention was the story of a former husband and wife who are fighting over their son's ashes. Their story is getting considerable attention because of its unique nature, but also because the ex-couple's son was killed by the drunk driver who had adopted his girlfriend in an attempt to lessen his financial liability to the grieving parents. While it is clear that both parents are trying to hold on to what little they can of their son, it has now become an integral part of their property settlement.

The father is asking for roughly half of his son's ashes. He wants to bury part of his son in a family burial plot, but his mother wants to keep him in the city in which he was born, raised and died. Currently, the ashes are sitting in a funeral home.

While not every divorce will have such emotionally-charged property battles, they can still be difficult to get through. Oftentimes, former spouses will want the same things, which means that they will either need to be split (and only one person will be happy) or they will be sold (and neither person will be happy). Regardless of what is at stake, a property division attorney may be essential for mitigating conflict in a divorce.

Source: The Orlando Sentinel, "Bitter divorce grabs spotlight for parents of Goodman victim," Ben Wolford, Feb. 1, 2013

Learn more about the work we have done in property division in Little Rock divorces by visiting our website.

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