Marital Property in Arkansas Divorces

Divorce is, at the end of the day, about two things. First, it is about the status of being married—the legal recognition of the marriage and of husband and wife. Second, it’s about property dissolution. And property dissolution makes up the majority of the divorce.

The law in Arkansas is that of the common law and NOT community property. In Arkansas, property is divided equally “unless equity dictates otherwise.” Generally speaking, one can substitute the word “fairness” for the word “equity.” This means that property is divided equally unless there is a fair reason to give more property to one spouse as opposed to the other.

Reasons for inequitable property dissolution vary and are fact dependent upon circumstances of the marriage. For example, one spouse who forgoes her own education to put the other spouse through college may provide a basis for inequitable distribution. Another example is the spouse who provides support to the other spouse in building a business or stays home with the kids while the other spouse works and builds a financially lucrative business.

Some divorces have large property issues. Marriages which have lasted longer in time or in which there has been marked financial success of one or both of the spouses generally have more marital property to dissolve. Divorces which are fairly new or the spouses acquire few cars, assets, or real estate have little property to dissolve and the divorce is more about the married partners status as spouses.

No matter the size of your marital property, The Lancaster Law Firm attorneys can help. Our firm has handled divorces with assets of up to a half a million dollars to uncontested divorces dealing with the married status.

In any issue of divorce, our attorneys are ready to be an aggressive advocate for your rights as a spouse, regardless as to whether our role is aggressively working to get more property in your divorce or protecting property from your soon–to–be ex spouse.

Don’t hesitate, call or email us today.