Marital Legal Separation and Property Settlement Agreement where Minor Children and Parties May have Joint Property or Debts and Divorce Action Filed - Arkansas 2025

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A legal separation is when a married couple decides to live separately, but remains legally married. A divorce is the legal dissolution of marriage meaning the court terminates the marriages legal bond, determines child custody and support if needed, and divides the couples assets and liabilities.
Arkansas law presumes that a couples marital property will be split between them 50-50, but several factors may lead a judge to change to unequal distribution. First, though, the judge will determine what is marital and non-marital property. Non-marital property is kept by whoever brought it into the marriage.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
Each spouse has an interest in the home because the spouses have used marital income to pay the mortgage and maintain the property. The spouse who has a pre-existing connection to the property might be able to retain it after the divorce so long as they compensate the other spouse for a fair portion of the home equity.
Arkansas property division is governed by statute, specifically A.C.A 9-12-315. 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.
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People also ask

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.
In Australia, asset division during a divorce aims to achieve a fair and equitable outcome for both parties. While an average split of 50-65% is common, circumstances can sometimes result in a 70-30 division. The distribution may vary based on several factors.

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