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However, if there is any cohabitation or marital relations during the separation, the month waiting period will begin again. Marital property must be divided or distributed in a divorce.

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Arkansas is an equitable distribution state, so courts will divide property in a just and fair manner, but not necessarily equally in half. Retirement accounts are a form of property. The amount of a retirement plan that was accrued during the marriage will be split equitably between the spouses.

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However, there are federal laws governing the withdrawal of retirement funds, which may preclude the account from being cashed-out and divided immediately. In this case, you may want to negotiate a lump-sum buyout of your interest in the retirement plan. In addition, depending on the type of plan to be divided, you may have to obtain a Qualified Domestic Relations Order QDRO — a special court order that tells the plan administrator how and when to divide the plan. This is a very complicated area of the law, so you should contact an experienced family law attorney to prepare any QDROs necessary.

The amount of child support owed in the state of Arkansas is calculated as a percentage of the income of the non-custodial parent. The percentage is dictated by the number of children and other relevant factors.

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For a complete description of how child support is calculated in Arkansas, see Child Support in Arkansas, by Susan Bishop. Temporary support may be available if the requesting spouse can show a need for such support while the divorce is pending. For a complete description of temporary support and other types of alimony in Arkansas, see Understanding and Calculating Alimony in Arkansas, by Susan Bishop.

There is a three-month waiting period in Arkansas before the divorce will become final. This is the minimum waiting time. If you litigate issues during a divorce, the process of resolving those issues can take months or even years. If you are pursuing a divorce in Arkansas, you should consider calling a lawyer.

Need a Family Lawyer? Brent's on Your Side. Contact Brent Today. Brent Hall Attorney at Law. Family Law in Fort Smith Not only did Brent's career in law enforcement prepare him for a criminal law practice, it also provided a deep understanding of family law.

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