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The first step in the division process is deciding whether property is marital or separate. Marital property includes most assets and debts a couple acquires during marriage. Property is separate if a spouse owned it before marriage or acquired it during marriage by gift or inheritance.
Non-marital property refers to items acquired before marriage and typically will not be split. There are some exceptions, however, such as the following: Gifts or inheritance that one spouse receives are considered separate property.
Separate property can be converted to marital property by changing title from individual to joint ownership. In this case, the court presumes the spouse intended to make a gift of the property to the marriage. Commingling is another way to convert separate property to real property.
Arkansas: a community property state where martial assets are divided equitably. Handling disputes relating to asset division is an important aspect of divorce, and couples going through the divorce process need to have a strong advocate at their side to ensure their rights are protected.
In Arkansas, all marital property is distributed one-half (1/2) to each party unless the Court finds such a division to be inequitable.
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No, it doesnt matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests. The spouse who files for divorce will have to state a ground, or a reason, for the divorce.
Property Division in Arkansas The statute essentially requires that all marital property be divided in half (unless such division is inequitable) while non-marital property be returned to the party who owned it before the marriage.
Whether acquired before or during the marriage, the home is typically considered to be marital property, subject to an equitable division.
Marital property is all other property that either you or your spouse own. Only marital property is subject to division in a divorce proceeding. In Arkansas, all marital property is distributed one-half (1/2) to each party unless the Court finds such a division to be inequitable.
Arkansas is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.