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Little Rock Divorce Law Blog

Divorcing couples in Arkansas should assess debts and assets

Divorce can certainly be a trying process for Arkansas couples. Often, one of the most difficult aspects is the division of property. Attempting to come to a fair and equitable agreement can be hard to do, especially if the parties are not fully aware of their current financial situation. Taking the time to review finances before filing for divorce can ease the process and help prevent financial surprises down the road.

Accurately calculating shared and individual debts is one important step. A solid recommendation is to pay debts down before filing for a divorce. When possible, paying down a debt can help couples make a clean financial break. With a shared debt, such as a car loan, it can be difficult to remove one person from the debt unless it is paid in full.

Child custody battle sparked after man takes children overseas

Arkansas parents who are going through a divorce may be familiar with the emotional challenges of child custody proceedings. Both parents are not always completely happy with a court's decision, and with that difficulty in mind, Little Rock residents may be interested to hear of a divorced couple who are at odds over where their children should live.

The father, who is Palestinian, has taken the children to Gaza, and the decision has embroiled him and his former wife in an international child custody battle. The U.S. government, however, has sided with the mother.

Military or civilian divorce rate: Which is higher?

According to a recent study in the Journal of Family Issues, military members have a lower rate of divorce than their civilian counterparts. Although service members in Arkansas and around the world are often subject to high-stress situations, including long-term deployments separating troops from loved ones, marriages involving military personnel are still proving resilient.

Recent data suggests that support programs offered to military spouses and their families could be one of the factors that helps prevent military divorce. The data also suggests that service members tend to have a more traditionalist view that could be a motivating factor that helps them stay married during tough times.

High assets at stake in heated Weinstein divorce

There's no denying that people love to hear about all the drama of celebrity divorces. But aside from the flash and glamour we associate with celebrities, we can still learn from their marital disputes. While most people in the Jacksonville area don't have to worry about the details of their personal lives being emblazoned across national news outlets, many couples going through divorce may still relate with a recent marital conflict between movie mogul Bob Weinstein and his wife Annie.

The couple has been making headlines ever since Annie filed for divorce earlier this month. Since then, their dissolving relationship has been tabloid fodder, and accusations have been flying from both sides. Most recently, a closed-doors session with a judge led the couple to issue a joint statement claiming a temporary truce has been reached.

Fathers' rights issues arise in Heidi Klum and Seal divorce

Divorce proceedings in Arkansas can be subject to a wide range of challenges. This is just as true for celebrity divorce as it is for the rest of us. In fact, divorcing parents in the Jacksonville area may face some of the same child custody difficulties confronting model Heidi Klum and singer Seal. Specifically, Seal is seeking to assert his rights as a father after taking issue with Klum's child custody requests.

After seven years of marriage, the well-known pair split in January, simply acknowledging that they had grown apart. They made it clear that they expected to continue to love one another. While that may be the case, Seal's response to Klum's filing for divorce and unexpected child custody requests indicate a disagreement that may hinder that affection.

Ex-husband's attempt to recoup divorce settlement thrown out

Readers in Little Rock may want to take note of an interesting divorce case making headlines. One man's attempt to change his divorce settlement after the fact recently tanked in an appeals court. The former couple was affected by the Bernie Madoff scandal, after which the man's ex-wife received a divorce settlement of $6.25 million.

In the appeals court, the man argued that he and his ex-wife shared in being defrauded by Madoff for $5.4 million. Therefore, his argument went, he should be entitled to $2.7 million -- half of the value of the $5.4 million Madoff essentially stole. The money would come from the $6.25 million the ex-wife received as an "equitable distribution of property."

When negotiating a divorce, who gets the pet?

Arkansas couples navigating divorce proceedings may be interested in a recent story addressing the rise of so-called pet custody cases. Most people these days probably would not think of pets as property, but in court that is typically how they are addressed. With the recent trend of rising pet custody cases in divorce, more people have to get creative and openly communicate with their former spouses or partners to ensure that they receive visitation or even joint-ownership of their beloved animals.

A 2006 survey conducted by the American Academy of Matrimonial Lawyers found that a quarter of the people surveyed reported a considerable increase in pet custody cases since 2001. Although the survey is a few years old, the president of the AAML states that there is no doubt that the amount of these types of cases has grown steadily since the date of that survey. More and more people are finding it difficult to let go of their pets after a separation and are using the courts to fight for them.

How does military deployment affect child custody?

Arkansas parents in the military are sometimes at a disadvantage in child custody proceedings, since many military personnel are deployed away from their families. Right now, when courts determine what is in the best interests of a child, the courts take into account military deployments and how they may negatively affect a child's well-being. However, there is pending legislation in the U.S. House of Representatives that would protect the child custody rights of deployed service members.

Specifically, if a military member's custody of a child was temporarily modified due to deployment, the bill, if passed, would return child custody and visitation arrangements to pre-deployment status once the service member returns from deployment. In order for Arkansas military members to use the proposed statute, their deployment orders must be between 60 days and 18 months. Additionally, the deployment must prevent family members from coming along.

Divorce age may affect retirement options

The U.S Census Bureau reports a higher rate of couples divorcing when they are older. According to the data, in the last twenty years, the divorce rate of couples between the ages of 48 and 66 is more than 50 percent higher. Many Arkansas couples in this age group have likely already started planning for retirement, and some may have already retired. Going through a divorce at an older age carries the possibility of affecting one's retirement prospects detrimentally.

For many people planning retirement options, the likelihood of discussing divorce as one of the risk factors is low. Retirees may worry about inflation or rising health care costs before thinking about the possibility of a marital separation. However, given the recent statistics, divorce has become an increasingly important aspect for many people who are nearing the golden years.

Preventing future tax burdens after marital property is divided

Couples going through divorce in Little Rock may not be aware of exactly how their division of marital property may affect them during tax season. But a divorce negotiation, including the language used in any separation agreement or divorce decree, can affect divorced individuals years after the event. Those involved would be served best by taking the time to understand the issues in relation to relevant laws and regulations so as to achieve a result that is fair and that also protects one's financial interests.

Understandably, many issues can be settled in a way that accurately reflects the informed intentions of the parties. Disagreements about exemptions for children and a head-of-household filing status can be addressed by making certain that tax Form 8332 is properly executed. That form may be used as proof to document which parent is getting which child exemption.

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