Dividing Marital Assets During Divorces In Arkansas

You helped build your estate, and you are entitled to your share in the divorce. At Robertson, Oswalt & Associates, we are dedicated to protecting your interests — your share — by advocating forcefully for you in matters of property division. Our attorneys take a thorough and effective approach with one goal in mind: supporting you today so that your tomorrow is brighter.

Arkansas Laws Regarding Property Division

Arkansas is an equitable property division state. Generally, all property accrued during the marriage will be equally divided, including real estate, retirement accounts and other types of assets. However, the courts can divide the property unequally, if equity so dictates.

However, arguments for unequal distribution based on your specific case can be made. In certain situations when dividing martial property unequally, the court considers certain factors.

For example, if there is a huge disparity in income, you can make an argument that the earning spouse should pay more of the debt. If one spouse took trips alone, or took out many student loans, he or she may be held responsible for a greater share of the marital debt. Medical bills related to one party or the other usually go to one party, unless there is a huge disparity in income.

If your assets are of high value, are unusual or the division process is complex, our lawyers have the experience you need to obtain your fair share of the assets. For example, valuation of business interests and self-owned businesses can add another layer of complexity to your divorce.

Dividing Real Estate

When it comes to real estate, if the parties have not agreed to sell it on the private market or to otherwise split the equity in it, Arkansas courts have no authority to order a private sale. The court only has the authority to order an auction, which is often not as favorable for the parties.

It is often best to settle your property issues before going in front of the judge. At Robertson, Oswalt & Associates, we do our best to protect our clients' interests. Often this is through settlement. We also use other forms of alternative dispute resolution, but we do not hesitate to resort to forceful litigation in order to protect you.

Dedicated To Protecting Your Interests

Contact Robertson, Oswalt & Associates, by sending us an email or by calling 501-588-4451 or 866-311-3815 to schedule a consultation about property division or divorce asset protection. We are dedicated to providing cost-effective legal representation. For the convenience of our clients, we accept Visa and Mastercard, and we offer payment plans.