Legal Separation and Property Settlement Agreement with Adult Children - Marital - Parties May have Joint Property or Debts - Effective Immediately - Arkansas 2025

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Since your marriage is still intact in the eyes of the law, you cannot remarry while you are legally separated. You will have to get divorced before you can marry someone else. If you die while you are legally separated, your ex may still have the right to receive part of your estate or retirement savings.
Legal Separation Introduction In Arkansas, the courts recognize separation agreements. A separation agreement is a legally binding agreement between you and your spouse that covers the period of time when you separate until the time that the divorce is finalized with the court.
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.
Some couples dont want to get divorced for religious reasons, personal beliefs, or financial reasons. For example, they stay married to keep a spouse or domestic partner on an insurance or benefit plan. Sometimes a spouse files a legal separation because they dont yet qualify for a divorce.
Ambiguity often is an inherent part of trial separations. You may be uncertain how to act around your partner, what you should and shouldnt be doing, and when and how the separation should end. You may minimize some ambiguity if you use a legal separation agreement.
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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.
A trial separation gives you time and space to clear your head before attempting to sort through marital issues. Time to sort through personal issues. Its easy to forget your own needs and priorities in a marriage.

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