Family Law Questions? Ask a Family Lawyer Online.
I'm sorry, but I already knew most of what you replied with; however, I do believe that it is, in fact, AR law that there be a division of 50-50.
Thank you for your reply, although it did not answer what I need to know.
Maybe a bit more information will help.
There is a 19 y/o son born of the marriage; he has autism and functions on a 5th-6th grade level.
Approximately 17 years ago, the spouse (mom) had a "meltdown" and ceased to do anything for the home: she didn't do the housework, she didn't take care of the child, she didn't do the laundry, she didn't cook, and she didn't work outside the home to help with the financial income. The husband did all the above as well as remained active in the Army for 24 years, even serving two tours in Iraq. For these 17 years, the spouse (wife) has slept on a couch in the living room area, not even keeping it picked up or clean.
There is a mediation tomorrow morning to try and settle things for the divorce. The husband is trying to find something to present that will enable him to retain his full retirement benefits in order that he and his son (he was granted full custody of the child...with no fight from the "mother"...in May, 2011) can maintain the life they are accustomed to, not one of luxury.
His divorce is based on the grounds of adultry and general indignities and was filed the middle of May. He has no concrete proof of the adultry. He did, however, overhear a very inappropriate telephone conversation in the middle of the night between his spouse and another man. Later, he witnessed his spouse getting into the sleeper of a semi truck with the same man for about 45 minutes. After he caught her doing this, she moved out of the house.
I hope this gives you more to go on and will enable you to find something the husband can use in his mediation.
Thank you for your time and attention to this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).