In contested cases, the court will evaluate the family's situation and come up with a custody arrangement that is in the best interest of the child.
]]> Since every family is different, there is no set formula for determining child custody. Usually, though, judges consider the following factors:Parental character: The court will look to see whether a parent is honest, responsible and caring. Further, the court will want to ensure that the parent has a stable work record and a good reputation in his or her community. A criminal record or a history of drug or alcohol abuse can have a serious negative impact here.
Home environment: The court will make sure that the parent's home is safe and fit for children. Many judges consider live-in boyfriends or girlfriends to be a negative factor, especially soon after a divorce.
Finances: The court will not give a preference to one parent simply because he or she is richer than the other. However, it will want to ensure that the custodial parent will be able to provide for the child's basic needs
Contacts with the other parent: Judges prefer to award primary custody to parents who are likely to actively foster their children's relationship with the non-custodial parent.
Family togetherness: In most cases, the court will try to keep siblings together.
Histories of abuse: Unsurprisingly, the court takes claims of domestic violence very seriously. It is not necessary for the child to have been the victim of abuse, or even to have witnessed it.
Child's Preference: If the child is mature enough, some judges will take the child's wishes into consideration. However, the child's wishes are merely advisory. The court will not make a custody decision based solely on the child's preferences.
If you are seeking custody in a contested action, it's important to discuss these factors with your attorney at the outset of your case. Your attorney will help you understand how the custody factors might play out in your case, and what you can do to mitigate any negative information.
Source: Arkansas Legal Services Partnership, "Child Custody and Visitation."
]]>In these cases, maintaining health care coverage is one of the primary concerns. Little Rock divorce lawyers regularly encounter clients who ask if they can stay on their spouse's health insurance after the divorce is finalized.
In the vast majority of cases, this is not possible. However, newly-divorced spouses do have a few coverage options, even if they are not employed or if their employer does not offer health insurance coverage.
]]> The first option is to obtain short-term COBRA coverage. Through COBRA, the spouse can continue under his or her ex-partner's health insurance for up to 36 months. This isn't cheap, though. Most employers won't contribute to an ex-spouse's COBRA coverage, meaning that the entire premium must be paid out-of-pocket.Another option is to specifically include health insurance coverage as an element of spousal support in the divorce agreement. The benefiting spouse would be responsible for purchasing his or her own insurance and the paying spouse would factor the cost of that insurance into their alimony payments.
In most cases, the second option is the better one. In some cases, COBRA can be more expensive than an individual policy. Plus, health problems that develop during a period of COBRA coverage may be treated as "preexisting conditions" by a subsequent insurer, leading to coverage problems down the road.
It's important to note that children will usually be able to continue coverage under a parent's employer-sponsored health insurance policy, even in cases where that parent does not retain primary custody.
If you are facing an Arkansas divorce, be sure to fully discuss health insurance issues before signing a settlement agreement.
Source: The Huffington Post, "Divorce Questions: Can I Still Get Medical Insurance From My Ex After Divorce?" Jeff Landers, May 7, 2012.
]]>Unfortunately, the added stress of having a spouse in the Special Forces can put strain on a marriage that, in far too many cases, leads to divorce. Members of the Special Forces face a number of unique challenges that are not present in civilian marriages, or even in marriages where a spouse is a member of a non-special forces unit.
]]> For example, Special Forces training emphasizes a "numbing down" technique where troops in combat learn to shut down human emotions. While this technique is essential for success and survival in a hot combat zone, it can be hard to transition back to the emotional intimacy required in a successful marriage.This emotional distance is not aided by the long deployments that are a regular part of life in the Special Forces. Special Operations troops play a crucial role in dealing with complex and high-risk military situations. As a result, Special Forces deployments aren't expected to end any time soon, even as other troops get sent home in the draw-down of the wars in Iraq and Afghanistan.
Special Forces soldiers excel at responding to high-stress situations. Ironically though, the thing that makes them so good at their jobs is also the thing that can threaten their marriages. Many spouses of Special Forces troops report that their partners want to "manage" things when they return home, instead of being a partner in a relationship.
Since 2001, the overall military divorce rate has risen by 25 percent. Military leaders are hoping to reverse this trend as more service members return home. To that end, they are sponsoring a number of programs designed to help soldiers readjust to life off the battlefield.
Hopefully, these programs will work. However, because of the unique issues involved with military pay and benefits, soldiers who do decide to end their marriages would be wise to seek an attorney who is well-versed in handling military divorces.
Source: USA Today, "Married Special-Operations Troops Feel Strains of War," Gregg Zoroya, April 24, 2012.
]]>The bill is an attempt to undo a recent state Supreme Court decision. The case involved an unmarried father who attempted to intervene after the mother placed their child for adoption. At the time of the child's birth, the father did not list his name on the birth certificate because he was waiting for the results of a DNA paternity test. The results of that test arrived too late for the father to declare paternity after birth.
]]> The child was then placed in the home of its prospective adoptive parents. The adoption certificate listed the father as "unknown."After a six year legal battle, the father was finally able to regain child custody last summer.
The bill attempts to prevent similar legal battles by severely limiting unmarried fathers' rights to intervene in the adoptions of their children. The bill would prohibit fathers from intervening in adoptions unless they have provided the following:
Fathers could be exempted from these requirements only if their efforts to support the child were "actively thwarted" by the mother.
Many worry that the bill will present unnecessary and unfair hurdles to fathers who want custody of their children.
If passed, the bill would only be applicable in Missouri. Still, it highlights an important point that all fathers - both in Arkansas and throughout the country - should be aware of: if you think you might be the father of a child, it is extremely important to act quickly to protect your rights.
Source: CBS St. Louis, "Fathers of Illegitimate Children Would Lose Rights to Adoption," Josie Butler, April 10, 2012.
]]>Unfortunately, college is also becoming extremely expensive. If you're going through a Little Rock divorce that involves children, you should seriously consider planning for college expense as part of your divorce settlement. Planning ahead can help prevent confusion and disagreements as your child grows older.
]]> Experts recommend that divorcing parents consider the following tips when planning for college expenses:By taking these steps during your divorce, you can help ensure that your children's future will be well-protected.
Source: The Huffington Post, "Divorce Questions: How is College Tuition Divided Among Exes?
]]>Unfortunately, just as with heterosexual couples, sometimes these relationships don't work out. However, unlike legally married couples, same-sex partners don't have the protection of Arkansas' divorce laws. This is true even if the couple was legally married in another state that allows same-sex unions.
]]> As same-sex marriage becomes more common, many states are wrestling with how to best handle the issue of same-sex divorce.Last week, the Court of Appeals of Maryland heard arguments in a case brought by a lesbian couple who had been legally married in California, but now wanted to get divorced in their home state. The trial court judge had denied their divorce petition on the grounds that the women's marriage wasn't legal in the state of Maryland.
In support of their position, the couple pointed out that Maryland has a long history of recognizing marriages that occurred out of state, even when those marriages violated Maryland state law. They believe that they should be entitled to the same rights as every other couple.
Property Division and Child Custody for Same-Sex Partners
Currently, the state of Arkansas does not recognize same-sex marriages performed in other states. As such, it does not grant same-sex divorces.
However, this doesn't mean that same-sex couples don't have options. A family law lawyer can help couples seek equitable property division and child custody, regardless of whether they were legally married in another jurisdiction, had registered as domestic partners or were simply long-term cohabitating partners.
If you're going through a nontraditional family law issue in Arkansas, know that there are people who can help you craft creative solutions to your legal problems.
Source: CBS News, "Md. High Court to Hear Same-Sex Divorce Case," April 6, 2012.
]]>In some cases, that spouse will try to hide income or assets in an attempt to prevent the other spouse from receiving his or her fair share of marital property or post-divorce spousal support.
]]> Hiding assets isn't just unethical - it's also illegal. Still, it comes up in complex property division cases more often than many would expect.If you think that your spouse might be hiding assets, be vigilant and talk to a Little Rock divorce attorney as soon as possible. Below are some common strategies used to hide assets in anticipation of divorce:
These are just a few of the tricks that spouses use to hide assets during an Arkansas high net worth divorce. If you suspect your spouse is being dishonest in your divorce proceedings, be sure to raise the issue with your attorney right away.
Source: Forbes, "Divorcing Women: Here's Where Husbands Typically Hide Assets," Jeff Landers, March 14, 2012.
]]>But what happens when the father disagrees with this choice? What are a father's rights when it comes to adoption of a newborn child?
The Supreme Court of Arkansas addressed this issue in a recent case.
]]> Father Wanted Custody, Mother HidThe case involved a pair of students who were attending college in Missouri. When the woman became pregnant, she decided that she would put the baby up for adoption. Near the end of her pregnancy, she moved to a home in Texas that helped young mothers prepare for adoption.
The father did not want the child to be put up for adoption and instead wanted to raise the child himself. He had registered as the child's putative father after learning of the pregnancy.
The father refused to sign documents relinquishing his parental rights, but the adoption moved forward anyway. After the baby was born, it was adopted by a couple that lived in Pulaski County, Arkansas.
The father then filed a complaint for a paternity and custody. In response, the adoptive parents said that the father's consent was not required to complete the adoption, since the father had never been married to the mother and had not provided the child with any support. The father, for his part, asserted that his attempts to form a relationship with the child had been intentionally thwarted by the child's mother.
The court considered the facts of the case and found that the father had done everything he could to protect his rights. He filed with putative-father registries in four states and brought paternity actions in two. In addition, he made an effort to provide support to the mother and the baby, which ceased only after the mother concealed her location from him.
Ultimately, the Supreme Court vacated the adoption, holding that it was not valid without the father's consent. The case was sent back to the lower courts to determine whether the father would be able to take custody of the child.
Source: Supreme Court of Arkansas, "In the Matter of the Adoption of Baby Boy B.," March 1, 2012.
]]>This is because many military members are entitled to valuable pensions governed by special federal laws. As such the process of splitting up retirement accounts follows different rules in a military divorce.
]]> Generally speaking, the spouse of a military member is entitled to one-half of the pension value that accrued during the time the couple was married. For example, if a servicemember was in the military for 20 years, and was married for 10 of those years, the spouse would, in most cases, be entitled to 25 percent of the pension's value.The process for obtaining this share, though, can sometimes be difficult. If the couple was married for at least 10 years during the military member's service period, the government will send the appropriate benefit directly to the ex-spouse. However, it the marriage overlaps the military service by less than a decade, the couple is on their own. In an Arkansas marriage dissolution, this usually means that the ex-spouse needs to obtain a court order. Often, this is done as part of the overall divorce proceeding.
Ex-spouses should also understand that they will not be able to keep receiving benefits after the military member dies, unless they file for survivor benefits during the divorce process.
Ex-spouses can also run into trouble down the road if benefits change, for example, if the servicemember seeks a disability rating.
These are only a few of the concerns unique to military divorces. If you or your spouse is a current or former military member, be sure to discuss these issues with your Arkansas divorce attorney.
Source: Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen E. Schultz, March 9, 2012.
]]>The court's decision will likely have a limiting effect on grandparents' ability to obtain child custody.
The dispute stemmed from a grandfather's attempt to obtain custody of his granddaughter after the child's mother died.
]]> The child's mother and father were married when the child was born, but divorced in 2005. After the divorce, the mother was awarded custody. The father moved to Missouri but continued to visit the child after leaving Arkansas.Following the divorce, the mother moved into the grandfather's home. Since the mother was an alcoholic and had medical problems, the grandfather provided most of the child's day-to-day care.
Sadly, the mother died in 2011. After her death, the child's father received an order, stemming from the original divorce case, that granted him custody of the child. Then, the grandfather started a new case in which he petitioned for custody of the child. The father moved to have the grandfather's case dismissed, arguing that the grandfather didn't have a right to petition for custody.
The court agreed. It found that Arkansas's Domestic Relations statutes don't provide for a scenario in which a non-parent can petition for custody of a child. Grandparents can intervene in a custody fight between two parents, but they cannot initiate a custody action on their own.
Instead, the proper route is for grandparents to seek guardianship of their grandchildren.
Source: Leagle, Pfeifer v. Deal, Court of Appeals of Arkansas, Division I, Feb. 29, 2012.
]]>Once the process is over, many individuals find themselves looking for the taxman to offer some relief from the financial impacts of a high net-worth divorce.
Every divorce is different, so it is always best to get professional advice before tackling any new tax issues. However, there are a few basic principles that apply in nearly every case:
]]> Legal fees: Most legal fees are not deductible, however, those that went toward protecting income-producing assets generally are. So, attorney costs for fighting for child custody are not deductible, but fees that went toward gaining control of the couple's investment portfolio might be. If income-producing assets are going to be a big part of your divorce battle, you might want to consider asking your attorney for an itemized billing statement.Family support: Tax treatment depends on whether the support is alimony or child support. Alimony is taxed as income to the recipient and is a deductible expense for the payer. Child support, on the other hand, cannot be deducted by the payer and is not taxable to the recipient.
Dependency exemptions: It's best to come to an agreement on who will claim which children during the divorce process. Listing the wrong children or claiming duplicate exemptions can result in an unwanted IRS audit for both ex-spouses.
Paying off debt: It is not uncommon for one spouse to pay off the other's credit card debt at the culmination of a divorce. In more severe cases, a soon-to-be ex-spouse might secretly take out lines of credit and list the other spouse as a responsible party. It is important to note that without a court order declaring alimony, individuals cannot claim a deduction for paying off an ex-spouse's debt.
These are just a few of the tax issues inherent in an Arkansas high-asset divorce. If you are seeking divorce, make sure you enlist the help of an attorney who is well-qualified to handle your unique financial needs.
Source: MarketWatch, "Don't Let a Divorce Cause Years of Tax Problems," Eva Rosenberg, March 5, 2012.
]]>Proving this can be tricky, especially for dads who spent most of their time working outside the home. Often, Little Rock child custody attorneys (and family lawyers from around the country, for that matter) see fathers make the same mistakes over and over again.
]]> If you're going through divorce and seeking primary custody of your children, try to avoid falling into these common traps:Not being active in your child's life: Courts like to see dads who are involved in the day-to-day care of their children. If your children are younger, do you help with the feeding, bathing, dressing and changing? If they are school-age, do you help with homework? Are you a regular fixture at school events, little league games and play dates?
Not addressing "fitness" issues: It's easy for a weekly poker game with the guys to become "my husband is a drinker, a smoker and a gambler" once your divorce heads into court. It's best to address these issues head-on. If you are a heavy drinker, or if you have criminal charges on your record or a history of somewhat "dubious" relationships, discuss these issues with your divorce lawyer at the outset of your child custody case.
Putting the other parent down: The court's ultimate goal is to create a custody arrangement that will allow children to develop healthy relationships with both parents. If you say a lot of negative things about your ex, especially in front of your children, the court may worry that you will interfere in the custody arrangement. Further, courts are particularly concerned with the possibility that one parent may taint their children's opinion of the other parent.
Demonstrating a lack of self-control: Courts are reluctant to award primary custody to parents who exhibit an inability to control their temper and emotions, as they worry it might lead to an unstable home life. Just as bad, though, is a lack of financial control or a perceived inability to prioritize your kids' needs over your own.
Arkansas fathers seeking custody of their children have rights. It's best to enlist the help of an experienced attorney to make sure your case is presented in the best possible light.
Source: The Huffington Post, "How to Lose Custody," Jacqueline Harounian, Esq., Dec. 12, 2012.
]]>Nowhere is this more true than with matters of property division and spousal support.
In order to reach a fair and equitable settlement, it is important that the court has access to a complete, accurate accounting of the couple's finances. However, a lot of people tend to guess or estimate when filling out financial affidavits, either because they don't know how to find the correct information or because they think a broad generalization is good enough to get the job done.
]]> This attitude can be disastrous, especially if one spouse will rely on the other for financial support after the marriage is over.Instead, experts recommend that couples seeking divorce contact a financial professional to have a so-called "lifestyle analysis" prepared.
Generally speaking, a lifestyle analysis is an in-depth incursion into a couple's finances, designed to accurately recreate the standard of living to which they are accustomed. Although each lifestyle analysis is tailored to the couple's unique circumstances, most involve an analysis of:
The information gleaned from a lifestyle analysis can be used to ensure that property division and spousal support decisions are made equitably - neither spouse will be awarded too much or allowed to contribute too little.
A lifestyle analysis has the added benefit of being able to uncover financial misdeeds and hidden assets. Sometimes, they reveal hidden bank accounts, unusual expenses or the sale of marital assets.
Although a lifestyle analysis may seem like a lot of work, the investment almost always pays off in the end.
Source: Forbes, "Why a Lifestyle Analysis is so Critically Important for Divorcing Women," Jeff Landers, Feb. 14, 2012.
]]>The stress of war has led to strikingly high rates of military divorce. Between 2001 and 2011, the military divorce rate has risen from 2.6 percent to 3.7 percent. In 2011 alone, more than 30,000 military marriages ended in divorce.
]]> Some groups are hoping to reverse this trend by sponsoring retreats for military families.The retreats are geared towards families - both with and without children - that have at least one spouse who is returning from an overseas deployment. Most aim to provide participating families with a stress-free environment to bond, relax and try new activities. They also offer classes and counseling designed to bring couples closer together.
The retreats started because officials were noticing that military couples needed help changing gears after the deployment was over. Often, both spouses are so focused on "taking care of business" during the deployment that they forget how to relax and work together as a team when the servicemember returns home.
The retreats have had some notable successes. However, they do not work for every couple. Many military marriages still ultimately end in divorce.
If you or your spouse has recently returned from an overseas deployment, and you are struggling in your marriage, know that you are not alone and that there are resources available to help you. If you do decide that divorce is your best option, be sure to choose a lawyer who is experienced in handling Arkansas military divorces.
Source: MSNBC, "Marriage Retreats Combat High Rate of Military Divorce," Jasmin Aline Persch, Feb. 7, 2012.
]]>Just like heterosexual couples, some Arkansas same-sex couples choose to publish an announcement of their commitment ceremony. Sadly, sometimes these couples aren't given equal treatment by their local newspapers.
]]> Last month, two Arkansas men submitted a wedding announcement to the Arkansas Democrat Gazette. However, since the men are not able to legally marry, the paper said it was against their policy to publish the couple's announcement.After the story broke, the Arkansas Times agreed to publish the couple's announcement.
Legal Protections for Arkansas Same-Sex Couples
Of course, this is likely not the only hurdle the two men will face as they seek to formalize their relationship.
Arkansas same-sex couples experience a number of nontraditional family law issues that heterosexual couples do not.
For example, same-sex couples are not afforded the legal rights that heterosexual couples receive when they are married. Instead, most same-sex couples will need to visit a family law attorney who can help them draft a domestic partnership agreement. These agreements can codify each partner's financial obligations, put legal protections in place in the event that one partner becomes ill and much more.
Same-sex couples who choose to have children will likely need additional protections. Currently, Arkansas does not recognize "second parent adoptions," meaning that only one partner in a same-sex couple can be recognized as the legal parent of a child. An experienced family law attorney can help protect the non-biological or non-adoptive parent's rights. This is especially important if the couple splits up and the parent wants to maintain a connection with the child.
Arkansas same-sex couples entering into a domestic partnership would be wise to consult with a family law attorney who can help protect their rights.
Source: Instinct Magazine, "Arkansas Paper Refuses to Print Gay Couple's Commitment Ceremony Announcement," Jan. 24, 2012.
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