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Some states, including Arkansas, tinkering with divorce laws

On Behalf of | May 20, 2015 | Firm News, High Asset Divorce

Unless you’ve grown up — as have Americans — under the form of government referred to as “federalism,” you might be a bit baffled by how the system works.

And that wonderment would certainly extend to many materially important family law issues.

Under federalism, especially as it is practiced in the United States, the federal government sometimes exerts sole power over a matter, such as the decision of the country to go to war. On other matters, federal authorities rule in concert with the states. And in some instances, each state stands alone in crafting laws.

Such is the case with divorce, the result being that important matters relating to marital dissolution — ranging from waiting periods and asset distribution to alimony considerations and child support — are predominantly local affairs governed solely by state laws.

Put another way: What Arkansas law centrally notes about divorce requirements may be somewhat similar to what the legal framework provides for in one state, yet starkly different from what exists in other states.

And, indeed, that is the case, as noted in a recent article discussing various states’ intervention in divorce policies.

What the publication Newsweek says is most obvious about many such statutory interventions is that they operate to make divorce harder, that is, a lengthier and more arduous process. Arkansas is noted, for example, for the protracted processing period mandated for divorcing couples inside the state, as well as the 18-month separation that must precede a divorce filing.

Such requirements — other states, too, have passed make-divorce-harder laws, such as those mandating pre-divorce counseling and education classes — obviously raise questions, including, centrally, this one: Are such exactions not paternalistic and insulting to adult partners who have reached the conclusion that their marriage is flawed and that they want out of it? In most instances, don’t they just prolong an already painful process that will reach the same outcome, anyway?

State intervention in divorce is an interesting and sometimes controversial topic.

And, of course, it has practical implications in a given case. In Arkansas, an experienced Little Rock-based family law attorney can offer guidance and proven legal representation in a divorce case or other dissolution-related matter.


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