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does arkansas have allomony laws and if so how does it wor

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does arkansas have allomony laws and if so how does it wor k
Submitted: 8 years ago.Category: Family Law
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8/1/2009
Family Lawyer: lwpat, Lawyer replied 8 years ago
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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Arkansas is a fault and no fault divorce state

 

No-Fault:
(1) When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation, the court shall grant an absolute decree of divorce at the suit of either party, whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties or due to the fault of either party or both parties;

Fault:
(1) When either party, at the time of the contract, was and still is impotent; (2) When either party shall be convicted of a felony or other infamous crime; (3) Be addicted to habitual drunkenness for one (1) year; (4) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (5) Offer such indignities to the person of the other as shall render his or her condition intolerable; (6) When either party shall have committed adultery subsequent to the marriage. (Arkansas Code - Title 9 - Chapters: 12-301)

 

Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

When a decree is entered, the court shall make orders concerning the alimony of the wife or the husband and the care of the children, if there are any, as are reasonable from the circumstances of the parties and the nature of the case. Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of: (A) The date of the remarriage of the person who was awarded the alimony; or (B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; or (C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage. (Arkansas Code - Title 9 - Chapters: 12-312)

 

The most important factors are the length of the marriage and the ability of the other party to pay.

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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Customer reply replied 8 years ago
how is it figured or decided who pays and how much and how long
Family Lawyer: lwpat, Lawyer replied 8 years ago
That is a decision made by the judge depending on the facts of the case and each case is different. You need an attorney to protect your rights and to properly present your case.
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