1. DIVORCE: Best Practices and Pleadings Presented by: John Mikesch

2. What Rules Govern Divorce Proceedings in Arkansas? The Arkansas Rules of Civil Procedure; & The Arkansas Rules of Civil Procedure; & Chapter Twelve of Title Nine of the Arkansas Code Annotated Chapter Twelve of Title Nine of the Arkansas Code Annotated

3. Required Grounds for Divorce in Arkansas Codified at Codified at Arkansas Code Annotated § 9-12-301.

4. Divorce Grounds A valid action for divorce, in Arkansas, must be based upon the following grounds: a. When either party, at the time of the entry of the marriage contract, was and still is impotent; b. When either party to the marriage has been convicted of a felony or other infamous crime;

5. Divorce Grounds Continued: c. When either party to the marriage shall: (i) Be addicted to habitual drunkenness for one (1) year; (ii)Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (iii)Offer such indignities to the person of the other as shall render his or her condition intolerable; d.When either party shall have committed adultery subsequent to the marriage;

6. Divorce Grounds Continued e.When husband and wife have lived separate and apart from each other for eighteen (18) continuous months without cohabitation; f. When husband and wife have lived separate and apart for three (3) consecutive years without cohabitation by reason of the incurable insanity of one (1) of them, the sane spouse may petition for an absolute divorce if the insane spouse has been committed to an treatment institution for the requisite three (3) year period and has been adjudged to be of unsound mind by a court of competent jurisdiction, and proof of insanity is supported by the evidence of two (2) reputable physicians;

7. Divorce Grounds Continued g.When either spouse legally obligated to support the other, and having the ability to provide the other with the common necessaries of life, willfully fails to do so.

8. Practice Pitfall Regardless of whether a divorce is contested, a party must always prove his or her grounds for divorce. Insufficient evidence of grounds is reversible error, and, regardless of a waiver of corroboration of grounds, the Plaintiff in a divorce action must offer “sufficient, non-conclusory proof” of the statutory grounds. Dee v. Dee, 99 Ark. App. 159 (2007).

9. The Initiation of Divorce Proceedings

10. VENUE A Complaint for Divorce shall be filed in the county where the complainant resides unless the complainant is a nonresident of Arkansas. In that case, the proceedings shall begin in the county where the defendant resides. Ark. Code Ann. § 9-12- 303. A Complaint for Divorce shall be filed in the county where the complainant resides unless the complainant is a nonresident of Arkansas. In that case, the proceedings shall begin in the county where the defendant resides. Ark. Code Ann. § 9-12- 303.

11. Matters that must be Proven (Ark. Code Ann. § 9-12-303). RESIDENCE REQUIREMENT- A residence in the state, by either the Plaintiff or Defendant, for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce; RESIDENCE REQUIREMENT- A residence in the state, by either the Plaintiff or Defendant, for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce; TIME- A divorce will not be granted until at least thirty (30) days have elapsed from the date of the filing of the Complaint; TIME- A divorce will not be granted until at least thirty (30) days have elapsed from the date of the filing of the Complaint;  SERVICE- When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the state of Arkansas for a period of not less than three (3) full months;

12. Matters that Must be Proven, Continued:  That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and  That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.

13. Equal Access to Justice Panel The Equal Access to Justice Panel provides pro bono representation to low-income clients who qualify for Legal Aid of Arkansas assistance. The financial eligibility guidelines are available, upon request, from Legal Aid of Arkansas. The Equal Access to Justice Panel provides pro bono representation to low-income clients who qualify for Legal Aid of Arkansas assistance. The financial eligibility guidelines are available, upon request, from Legal Aid of Arkansas.

14. Equal Access to Justice Panel The Panel works cooperatively with local Bar Associations, the Arkansas Bar Association through the Arkansas Pro Bono partnership, individual private attorneys and communities to develop and administer this pro bono private attorney/ Bar involvement program in thirty-one Arkansas counties. The Panel works cooperatively with local Bar Associations, the Arkansas Bar Association through the Arkansas Pro Bono partnership, individual private attorneys and communities to develop and administer this pro bono private attorney/ Bar involvement program in thirty-one Arkansas counties.

15. Equal Access to Justice Panel In an effort to ensure that volunteer attorney’s spend their time productively, the Panel has made the following resources available to volunteering attorneys: In an effort to ensure that volunteer attorney’s spend their time productively, the Panel has made the following resources available to volunteering attorneys: a. An Online Legal Library which contains over 900 civil forms, sample client letters, intake questions, and fact sheets; b. A Poverty Law Practice Manual which also contains relevant statutes and pleadings; c. Free and Discounted CLE Courses; d. Primary malpractice coverage on all pro bono cases.

16. The Divorce Complaint - Please refer to page one of the Appendix, which provides a draft of a simple Complaint for Divorce. - Service of a complaint, summons, notice, or other process should be accomplished pursuant to the Arkansas Code and the Arkansas Rules of Civil Procedure. - Service of Process may be waived. Please refer to the Waiver of Service found on page 3 of the Appendix.

17. Corroboration (Ark. Code Ann. § 9-12-306) When a divorce is not contested, corroboration of the plaintiff’s grounds for divorce is not required. When a divorce is not contested, corroboration of the plaintiff’s grounds for divorce is not required.

18. Corroboration Continued When a divorce is contested, corroboration is required, but corroboration of a party’s alleged grounds for divorce may be expressly waived in writing by the other spouse. When a divorce is contested, corroboration is required, but corroboration of a party’s alleged grounds for divorce may be expressly waived in writing by the other spouse. a. Please reference the Waiver of Corroboration found on page 5 of the Appendix. b.However, proof as to residence and proof of separation and continuity of separation without cohabitation must be corroborated and may not be waived. In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties.In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties.

19. Proceedings Subsequent to the Complaint All pleadings, motions, etc. may be served on the attorney of record for the opposite party by ordinary mail in compliance with Rule 5 of the Arkansas Rules of Civil Procedure. If the opposing party has no attorney of record, ordinary mail to such party should be sufficient notice.

20. The Answer A resident Defendant should answer within 20 days after service of the summons and complaint. Ark. R. Civ. Proc. Rule 12. A resident Defendant should answer within 20 days after service of the summons and complaint. Ark. R. Civ. Proc. Rule 12. An example of an Answer to a Complaint for Divorce has been included on page 6 of the Appendix. An example of an Answer to a Complaint for Divorce has been included on page 6 of the Appendix.

21. Counterclaims The provided time to respond to a counterclaim is 20 days after service of the pleading. The provided time to respond to a counterclaim is 20 days after service of the pleading. Counterclaims are governed by Rule 13 of the Arkansas Rules of Civil Procedure. Counterclaims are governed by Rule 13 of the Arkansas Rules of Civil Procedure. An example of a Counterclaim for Divorce has been attached hereto and may be found at page 8 of the Appendix. An example of a Counterclaim for Divorce has been attached hereto and may be found at page 8 of the Appendix.

22. Motion Practice Subsequent Motions should be promptly addressed within 10 days after service. If a movant desires to reply he must do so within five days after service of the response. Ark. R. Civ. Proc., Rule 6. Subsequent Motions should be promptly addressed within 10 days after service. If a movant desires to reply he must do so within five days after service of the response. Ark. R. Civ. Proc., Rule 6. Notice of Hearing Notice of Hearing Notice of a hearing on written motions shall be served not later than 20 days before the time specified for the hearing. Ark. R. Civ. Proc., Rule 6.

23. Form of Pleadings Governed in general by Rule of the Arkansas Rules of Civil Procedure. Pleadings need not be verified.

24. Maintenance & Attorney’s Fees (Ark. Code Ann. § 9-12-309) After an action for divorce has been filed, the court may allow to the wife or to the husband maintenance, attorney’s fees, and expert witness fees. After an action for divorce has been filed, the court may allow to the wife or to the husband maintenance, attorney’s fees, and expert witness fees. Such a request, on behalf of the dependant spouse, may be requested in a Petition for Separate Maintenance as provided on page 10 of the Appendix. Such a request, on behalf of the dependant spouse, may be requested in a Petition for Separate Maintenance as provided on page 10 of the Appendix.

25. Interrogatories Generally governed by Rule 33 of the Arkansas Rules of Civil Procedure. Generally governed by Rule 33 of the Arkansas Rules of Civil Procedure. Interrogatories are not required to be verified by affidavit. (Ark. Code Ann. § 9-12-304). However, answers to interrogatories and responses to requests for admission must be answered on oath and signed by the party answering. Interrogatories are not required to be verified by affidavit. (Ark. Code Ann. § 9-12-304). However, answers to interrogatories and responses to requests for admission must be answered on oath and signed by the party answering. “Either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect.” Ark. Code Ann. § 9-12-304. “Either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect.” Ark. Code Ann. § 9-12-304. A draft set of interrogatories, focusing on issues often pertinent in a divorce action, are attached hereto and may be found on page 13 of the Appendix. A draft set of interrogatories, focusing on issues often pertinent in a divorce action, are attached hereto and may be found on page 13 of the Appendix.

26. Depositions Proscribed under Rule 30 of the Arkansas Rules of Civil Procedure. Proscribed under Rule 30 of the Arkansas Rules of Civil Procedure. Please refer to page 23 of the attached Appendix for an example of a Notice to take a Deposition. Please refer to page 23 of the attached Appendix for an example of a Notice to take a Deposition.

27. Additional Concerns: Child Abuse and Protection

28. Order of Protection When the existence of domestic abuse becomes apparent, the Arkansas Code provides a process with which a concerned family member may petition for an Order of Protection as well as an ex parte temporary order of relief prior to a full hearing on the merits of an Order of Protection. When the existence of domestic abuse becomes apparent, the Arkansas Code provides a process with which a concerned family member may petition for an Order of Protection as well as an ex parte temporary order of relief prior to a full hearing on the merits of an Order of Protection.

29. Order of Protection A petition for relief may be filed by “ any adult family or household member on behalf of another family or household member who is a minor,” and the petition may be filed regardless of a pending divorce action. Ark. Code Ann. § 9-15-201. A petition for relief may be filed by “ any adult family or household member on behalf of another family or household member who is a minor,” and the petition may be filed regardless of a pending divorce action. Ark. Code Ann. § 9-15-201.

30. Order of Protection Pursuant to Arkansas Code § 9-15-201, the Petition for Relief shall: Pursuant to Arkansas Code § 9-15-201, the Petition for Relief shall: a. allege the existence of domestic abuse; b.disclose the existence of any pending litigation between the parties; c. disclose any prior filings of a petition for an order of protection; and d. be accompanied by an affidavit made under oath that states the specific facts and circumstances of the domestic abuse and the specific relief sought.

31. Order of Protection When a petition alleges an “immediate and present danger of domestic abuse, the Court shall grant a temporary order pending a full hearing on an Order of Protection, if the court finds sufficient evidence to support the petition.” Ark. Code Ann. § 9-15-206. When a petition alleges an “immediate and present danger of domestic abuse, the Court shall grant a temporary order pending a full hearing on an Order of Protection, if the court finds sufficient evidence to support the petition.” Ark. Code Ann. § 9-15-206.

32. Temporary Order of Protection As codified at Ark. Code Ann. § 9-15-206, a temporary Order of Protection may provide the following relief: As codified at Ark. Code Ann. § 9-15-206, a temporary Order of Protection may provide the following relief: a. exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; b. exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim c. award temporary custody or establish temporary visitation rights with regard to minor children of the parties;

33. Temporary Order of Protection Continued d.Order temporary support for minor children or a spouse with such support to be enforced in the manner prescribed by law for other child support and alimony awards’ e.Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; and f.Order such other relief as the court considers necessary or appropriate for the protection of a family or household member.

34. Practical Considerations in Regard to Orders of Protection a. The Petition for an Order of Protection shall be filed in the county where the Petitioner resides; where the alleged incident of abuse occurred or; where the respondent may be served. Ark. Code Ann. § 9-15-201. b. In Washington County, individuals seeking an Order of Protection should contact the Circuit Clerk’s Office. The Circuit Clerk’s staff will assist victims of abuse with the process,including filing the proper documents in the Circuit Court.

35. Practical Considerations in Regard to Orders of Protection c. In Benton County, individuals seeking an Order of Protection should contact the Benton County Prosecuting Attorney’s Office. The Prosecuting Attorney’s staff will assist victims of abuse with the process, including the filing of documents with the Circuit Court. d. Service of a copy of the Petition requesting an Order of Protection is generally made on the respondent by the County Sheriff’s Office, in the County where the Petition is filed.

36. Practical Considerations in Regard to Orders of Protection When a petition is properly filed, “the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later.” Ark. Code Ann. § 9- 15-204. When a petition is properly filed, “the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later.” Ark. Code Ann. § 9- 15-204.

37. Ex Parte Relief Available: Available: 1. During the Pendency of Divorce Proceedings a. For an example of a Request for Ex Parte Relief, contained in a petition for separate maintenance, please refer to page 24 of the Appendix. 2. Post-Divorce a. For an example of a Motion for temporary ex parte relief filed after the conclusion of an absolute divorce, please refer to page 28 of the Appendix.

38. Emergency Hearings and Orders When facts are present where “there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile’s removal from the state, the circuit court shall issue an ex parte order for emergency custody.” Ark. Code Ann. § 9-27-314. When facts are present where “there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile’s removal from the state, the circuit court shall issue an ex parte order for emergency custody.” Ark. Code Ann. § 9-27-314.

39. Emergency Hearings and Orders Please see the request for an emergency hearing as incorporated in the Complaint for Divorce found on page 31 of the attached Appendix. Please see the request for an emergency hearing as incorporated in the Complaint for Divorce found on page 31 of the attached Appendix. Also included on page 34 of the Appendix is an Order setting an Emergency Hearing. Also included on page 34 of the Appendix is an Order setting an Emergency Hearing.

40. Custody and Placement of Children who have been subjected to Abuse The Arkansas Code provides that “there is a rebuttable presumption that it is not in the best interests of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse.” Ark. Code Ann. § 9-13-101 (c)(2). The Arkansas Code provides that “there is a rebuttable presumption that it is not in the best interests of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse.” Ark. Code Ann. § 9-13-101 (c)(2).

41. The Arkansas’ Attorney Ad Litem “When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child.” Ark. Code Ann. § 9-13-106. “When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child.” Ark. Code Ann. § 9-13-106. The role of the attorney ad litem is to determine and advocate for the best interests of the child. The role of the attorney ad litem is to determine and advocate for the best interests of the child.

42. The Arkansas’ Attorney Ad Litem The Arkansas Supreme Court has adopted standards of practice and qualifications for service for attorneys who seek to serve as an ad litem and be appointed to provide legal representation for children. The applicable rules and standards can be found in Supreme Court Administrative Order No. 15. The Arkansas Supreme Court has adopted standards of practice and qualifications for service for attorneys who seek to serve as an ad litem and be appointed to provide legal representation for children. The applicable rules and standards can be found in Supreme Court Administrative Order No. 15. When an attorney is appointed as an ad litem, fees and expenses are to be paid from funds held by the Administrative Office of the Courts or the Court may Order them paid by the parties. Ark. Code Ann. § 9-13- 106. When an attorney is appointed as an ad litem, fees and expenses are to be paid from funds held by the Administrative Office of the Courts or the Court may Order them paid by the parties. Ark. Code Ann. § 9-13- 106.

43. The Divorce Trial

44. Matters that must be Proven Ark. Code Annotated § 9-12-307 1. Grounds 2. Residency 3. Corroboration a. Remember, corroboration of grounds may be waived, and, in uncontested divorce cases corroboration of grounds is not required. However, the Plaintiff must offer some sufficient proof of grounds. See Dee v. Dee, 99 Ark. App. 159 (2007).

45. Property Division Marital Property is subject to division upon divorce. Under Arkansas Code § 9-12-315, marital property is defined as all property acquired by either spouse subsequent to the marriage except: Marital Property is subject to division upon divorce. Under Arkansas Code § 9-12-315, marital property is defined as all property acquired by either spouse subsequent to the marriage except: a.“Property acquired prior to marriage or by gift or by reason of the death of another;” b.“Property acquired by a spouse after a decree of divorce from bed and board;” c.“Property excluded by valid agreement of the parties;” c.“Property excluded by valid agreement of the parties;” d.“The increase in value of property acquired prior to marriage or by gift or by reason of the death of another.”

46. Property Division Continued e. “Benefits received or to be received from a worker’s compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses; and” f.“Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another.”

47. Types of Marital Property Subject to Division Real Property Real Property Personal Property Personal Property Retirement Accounts Retirement Accounts Stocks and Bank Accounts Stocks and Bank Accounts Businesses Businesses

48. General Statutory Division “All Marital Property shall be distributed one-half (½) to each party unless the court finds such a division to be inequitable.” Ark. Code Ann. § 9-12-315. “All Marital Property shall be distributed one-half (½) to each party unless the court finds such a division to be inequitable.” Ark. Code Ann. § 9-12-315.

49. Equitable Factors which may Impact the Property Division The Court may make some other division of proper if it deems that division to be equitable, but the following factors should be taken into consideration: The Court may make some other division of proper if it deems that division to be equitable, but the following factors should be taken into consideration: a.Length of the Marriage; b.Age, health, and station in life of the parties; c.Occupation of the parties; d.Amount and Sources of Income; e.Vocational Skills;

50. Equitable Factors Continued f. Employability; g. Estate, Liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; h. Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and i. The federal income tax consequences of the court’s division of property.

51. Marital Debts The allocation of the debt of the parties is an essential item to be resolved in a divorce dispute. Stout v. Stout, 2011 Ark. App. 201. Moreover, the allocation of marital debt must be considered in the context of the distribution of all of the parties' property. Bailey v. Bailey, 97 Ark. App. 96 (2006). The allocation of the debt of the parties is an essential item to be resolved in a divorce dispute. Stout v. Stout, 2011 Ark. App. 201. Moreover, the allocation of marital debt must be considered in the context of the distribution of all of the parties' property. Bailey v. Bailey, 97 Ark. App. 96 (2006).

52. Marital Debts Continued However, the presumption of equal division of marital property outlined in Arkansas Code Annotated § 9-12-315 does not specifically apply to the allocation of marital debts, and there is no requirement that marital debts be subtracted from marital assets to determine the total award for each party to a divorce. Friend v. Friend, 2010 Ark. App. 525. However, the presumption of equal division of marital property outlined in Arkansas Code Annotated § 9-12-315 does not specifically apply to the allocation of marital debts, and there is no requirement that marital debts be subtracted from marital assets to determine the total award for each party to a divorce. Friend v. Friend, 2010 Ark. App. 525. Spouses are not liable for each others antenuptial debts. Ark. Code Ann. § 9-11-506. Spouses are not liable for each others antenuptial debts. Ark. Code Ann. § 9-11-506.

53. Custody and Visitation “In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.” Ark. Code Ann. § 9-13-101. “In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.” Ark. Code Ann. § 9-13-101. The non-custodial parent is usually entitled to fair visitation privileges with the child or children of the parties. Parties may agree upon a visitation schedule or a Court may order the visitation schedule. In Northwest Arkansas, visitation is generally set in accordance with the suggested Fourth Judicial District Visitation Schedule. The non-custodial parent is usually entitled to fair visitation privileges with the child or children of the parties. Parties may agree upon a visitation schedule or a Court may order the visitation schedule. In Northwest Arkansas, visitation is generally set in accordance with the suggested Fourth Judicial District Visitation Schedule.

54. Custody and Visitation Continued In an action concerning a person's right to visitation with a minor child, “the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.” Ark. Code Ann. § 9-13-108. In an action concerning a person's right to visitation with a minor child, “the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.” Ark. Code Ann. § 9-13-108.

55. Child Support In Arkansas, when a Decree of divorce is entered, the Court will make an Order regarding the care and support of dependent children. Ark. Code Ann. § 9-12-312. In Arkansas, when a Decree of divorce is entered, the Court will make an Order regarding the care and support of dependent children. Ark. Code Ann. § 9-12-312. When determining the proper amount of child support, the Court shall refer to the family support chart included in Arkansas Supreme Court Administrative Order No. 10, the Arkansas Child Support Guidelines. Ark. Code Ann. § 9- 12-312. This Administrative Order includes and incorporates by reference weekly, biweekly, semimonthly, and monthly family support charts. When determining the proper amount of child support, the Court shall refer to the family support chart included in Arkansas Supreme Court Administrative Order No. 10, the Arkansas Child Support Guidelines. Ark. Code Ann. § 9- 12-312. This Administrative Order includes and incorporates by reference weekly, biweekly, semimonthly, and monthly family support charts.

56. Child Support Continued It is a rebuttable presumption that the amount of child support calculated pursuant to the most recent revision of the Family Support Chart, included in Administrative Order No. 10, is the amount of child support to be awarded in any judicial proceeding for divorce. However, a court may grant less or more support if the evidence shows that the needs of the dependents require a different level of support. It is a rebuttable presumption that the amount of child support calculated pursuant to the most recent revision of the Family Support Chart, included in Administrative Order No. 10, is the amount of child support to be awarded in any judicial proceeding for divorce. However, a court may grant less or more support if the evidence shows that the needs of the dependents require a different level of support.

57. Spousal Support The Arkansas Family Support Charts referenced in Administrative Order No. 10 provide that “for the purposes of calculating temporary supportn only, a dependant custodian may be awarded 20% of the net take-home pay for his or her support in addition to any child support awarded.” The Arkansas Family Support Charts referenced in Administrative Order No. 10 provide that “for the purposes of calculating temporary supportn only, a dependant custodian may be awarded 20% of the net take-home pay for his or her support in addition to any child support awarded.” In addition to temporary support during the pendency of a divorce action, Arkansas’ Courts may award alimony “to either party in fixed installments for a specified period of time subject to the contingencies of the death of either party, the remarriage of the receiving party, or such other contingencies as are set forth in the award.” Ark. Code Ann. § 9-12-312. In addition to temporary support during the pendency of a divorce action, Arkansas’ Courts may award alimony “to either party in fixed installments for a specified period of time subject to the contingencies of the death of either party, the remarriage of the receiving party, or such other contingencies as are set forth in the award.” Ark. Code Ann. § 9-12-312.

58. Spousal Support Continued Arkansas Courts have long held that the decision of whether to award alimony lies within the discretion of the Circuit Court. The primary factors to be considered by the Court when determining whether to order alimony are the financial need of one spouse and the other spouse’s ability to pay. Vigneault v. Vigneault, 2010 Ark. App. 716. Arkansas Courts have long held that the decision of whether to award alimony lies within the discretion of the Circuit Court. The primary factors to be considered by the Court when determining whether to order alimony are the financial need of one spouse and the other spouse’s ability to pay. Vigneault v. Vigneault, 2010 Ark. App. 716. The Circuit Court may also consider other factors, including the couple's past standard of living, the earning capacity of each spouse, the resources and assets of each party, and the duration of the marriage. The purpose of alimony is to rectify the economic imbalance in earning power and standard of living of the parties to a divorce in light of the particular facts of each case. Vigneault v. Vigneault, 2010 Ark. App. 716. The Circuit Court may also consider other factors, including the couple's past standard of living, the earning capacity of each spouse, the resources and assets of each party, and the duration of the marriage. The purpose of alimony is to rectify the economic imbalance in earning power and standard of living of the parties to a divorce in light of the particular facts of each case. Vigneault v. Vigneault, 2010 Ark. App. 716.

59. The Final Decree of Divorce Unless the parties have lived separate and apart from each other for a period of twelve (12) months prior to the filing of the complaint for divorce or unless the defendant is constructively summoned by warning order, no decree of divorce will be rendered before thirty (30) days have passed, following the day upon which the action for divorce was commenced. Ark. Code Ann. § 9-12-310. Unless the parties have lived separate and apart from each other for a period of twelve (12) months prior to the filing of the complaint for divorce or unless the defendant is constructively summoned by warning order, no decree of divorce will be rendered before thirty (30) days have passed, following the day upon which the action for divorce was commenced. Ark. Code Ann. § 9-12-310.

60. The Final Decree of Divorce The Court may award the wife or husband costs of court, a reasonable attorney’s fee, and expert witness fees. (Ark. Code Ann. § 9-12-309). The Court may award the wife or husband costs of court, a reasonable attorney’s fee, and expert witness fees. (Ark. Code Ann. § 9-12-309). The Court may allow additional attorney’s fees for the enforcement of alimony, maintenance, and support provided for in the decree. Id. The Court may allow additional attorney’s fees for the enforcement of alimony, maintenance, and support provided for in the decree. Id.  A simple Decree of Divorce can be found at page 35 of the Appendix.  A sample Property, Child Custody, and Support Settlement Agreement has been attached and may be found at page 38 of the Appendix.

61. Practice Tips Astute practitioners of divorce law treat divorce and child custody litigation as they would any other civil lawsuit. Remember the following:

62. Practice Tips The Arkansas Rules of Civil Procedure are applicable. The Arkansas Rules of Civil Procedure are applicable. All attorneys should comply with the applicable Rules of Civil Procedure. All attorneys should comply with the applicable Rules of Civil Procedure. Opposing attorney’s should be held to the applicable procedural standards, and, if necessary, attorneys should expect that interrogatories and other discovery responses are answered in accordance with the rules. If interrogatories or other discovery requests are not answered, a Motion to Compel should be filed with the Court. Opposing attorney’s should be held to the applicable procedural standards, and, if necessary, attorneys should expect that interrogatories and other discovery responses are answered in accordance with the rules. If interrogatories or other discovery requests are not answered, a Motion to Compel should be filed with the Court. Depositions should be conducted pursuant to the Rules of Civil Procedure. Depositions should be conducted pursuant to the Rules of Civil Procedure.

63. Practice Tips  Exhibits should be exchanged in advance of the scheduled trial date.  All witnesses should be prepared for their role in the trial process. Taking the time to prepare or “wood-shed” witnesses is both proper and advantageous.

64. Practice Tips During trial, counsel should force opposing attorneys to comply with evidentiary rules and should not be afraid to object to proffered evidence when it is inadmissible, not clearly relevant, or where a proper foundation is lacking. During trial, counsel should force opposing attorneys to comply with evidentiary rules and should not be afraid to object to proffered evidence when it is inadmissible, not clearly relevant, or where a proper foundation is lacking. The Doctrine of Unclean Hands is often helpful as a bar to common arguments and assertions made in divorce, custody, and contempt actions. The Doctrine of Unclean Hands is often helpful as a bar to common arguments and assertions made in divorce, custody, and contempt actions.

65. The Doctrine of Unclean Hands The purpose of invoking the unclean-hands doctrine is to protect the interest of the public on grounds of public policy and for protection of the integrity of the court; consequently, application of the doctrine depends on the trial court's discretion as to whether the interests of equity and justice require application of the doctrine. The purpose of invoking the unclean-hands doctrine is to protect the interest of the public on grounds of public policy and for protection of the integrity of the court; consequently, application of the doctrine depends on the trial court's discretion as to whether the interests of equity and justice require application of the doctrine.