Filing for divorce in Arkansas starts with a few basic requirements. You need to meet the residency rule, have a legal ground for divorce, and file in the right court. Here is what each one means. Residency Rules for Filing for Divorce At least one spouse must have lived in Arkansas for 60 days before […]
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How Are Pain and Suffering Damages Determined?
Pain and suffering damages are often the hardest part of an injury claim to measure. Unlike medical bills, they don’t come with a receipt. Still, Arkansas law allows injured people to seek compensation for them. What Pain and Suffering Covers These damages generally cover the physical pain, emotional distress and loss of enjoyment of life […]
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What Are the Potential Penalties for a Commercial Driver Facing a DWI Charge?
For a commercial driver, a DWI charge threatens more than a driver’s license. It can threaten a career. Commercial driver’s license (CDL) holders face stricter rules than other drivers, and they apply even when the CDL holder was driving a personal vehicle. Lower Limits for Commercial Drivers Commercial drivers face a lower alcohol limit. In […]
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What Happens if You Refuse a Breathalyzer Test in Arkansas?
If an officer asks you to take a breathalyzer test after a DWI arrest in Arkansas, refusing carries its own consequences. Here is what the law says and why the decision matters. Implied Consent Arkansas has an implied-consent law. By driving in Arkansas, you are considered to have agreed to a chemical test of your […]
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Common Defenses in Aggravated Assault Cases
Aggravated assault is a felony in Arkansas, and a conviction can carry prison time. Even so, many aggravated assault charges can be defended. The right defense depends on the facts. What the State Must Prove Under A.C.A. § 5-13-204, a person commits aggravated assault if, under circumstances showing extreme indifference to the value of human […]
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What Does It Mean that Arkansas is a Modified Comparative Negligence State?
Arkansas is a modified comparative fault state. In plain terms, an injured person can recover damages even if partly at fault, but only up to a point. How Modified Comparative Fault Works Under A.C.A. § 16-64-122, fault is divided by percentage among the people responsible. Then an injured person’s damages are reduced by their own […]
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How Is a Business Valued in an Arkansas Divorce?
When a business is part of a divorce, someone has to decide what it’s worth. How a business is valued can change the outcome of the entire property division. Why the Business Must Be Valued In Arkansas, marital property is divided equally unless the court finds that unfair and explains why (A.C.A. § 9-12-315). So […]
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Factors that Go Into Property Division
Arkansas starts with an equal division of marital property. However, the law lets a court divide property unequally when an equal split would be unfair. In that case, specific property division factors guide the decision. The Starting Rule Under A.C.A. § 9-12-315, marital property is divided equally unless the court finds an equal division inequitable. […]
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What Factors Are Considered in a Bail Hearing?
After an arrest, one of the first questions is how to get out of jail. In Arkansas, a judge decides release conditions, often at a first appearance or bail hearing. Here is what the judge considers. Release Without Money Bail Arkansas’s rules favor release without money bail when other conditions will work. A judge should […]
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How Is Property Divided in an Arkansas Divorce?
How is property divided in an Arkansas divorce? The process usually follows four steps: identify the property, classify it, value it and divide it. Step 1: Identify Everything Each spouse lists what they own and owe. This includes the home, vehicles, bank and retirement accounts, businesses, household items and debts. In addition, each side may […]
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