Many clients feel that their attorney is not handling their case properly. The best thing to do is schedule an appointment with the attorney and let your thoughts be known. The attorney can’t fix what he doesn’t know is broken.

Still having problems? Or has your case been completed and you think your attorney has acted negligently or improperly? You may need to take your concerns to the group that oversees attorney ethics. In Arkansas it is called the Committee on Professional Conduct. Here’s a link to the Committee’s website….http://courts.arkansas.gov/professional_conduct/

***Note: Formal complaints against attorneys are a serious matter. I would ask that you talk with your attorney about your concerns first to see if there is any type of suitable resolution before you file a formal complaint.

We’ve all heard about the housing crunch and the poor status of the economy. Lenders have been getting aggressive with their foreclosure actions against homeowners. Homeowners are continuing to seek legal advice - and they are fighting back with much more regularity.

Check out this article…
http://www.abajournal.com/magazine/homing_in_on_foreclosure

The following link provides a great discussion about common law marriage…
http://www.ago.state.co.us/FAQ/CLM_FAQ.cfm.html

Practice Note: Arkansas does NOT have common law marriage.

Special thanks to our Summer intern Jane Van for her research on this and other blog posts this Summer!

U.S. Supreme Court holds that child rape convictions do not justify the death penalty.

Here’s a link to the article…
http://www.cnn.com/2008/CRIME/06/25/scotus.child.rape/index.html

Many times parties are not happy with the final ruling handed down by the judge in their case. Judges are able to enforce their orders by using their contempt powers. The following case illustrates what can happen when a person decides to deviate from what has been ordered by the court.

Here’s the link…
http://courts.arkansas.gov/unpublished/2008a/20080514/ca07-1116.pdf

To change custody the non-custodial parent must show a material change in circumstances. What does that mean and what kind of proof is needed to qualify? The following case gives a good discussion of the law and plenty of facts.

Here’s the link…
http://courts.arkansas.gov/unpublished/2008a/20080521/ca07-810.pdf

These Florida homeowners, and mortgage bearers, decided to turn the tables on their lenders. Facing potential foreclosure suits in the near future, they decided to sue their lenders first for fraud and violating federal lending laws.

Here’s the link to the article…

http://www.abajournal.com/news/fearing_foreclosure_debtors_sue_lenders_over_excessive_mortgages/#When:13:27:00Z

Is the following language clear to you?

“A residence in the state by either the plaintiff or defendant for sixty
(60) days next before the commencement of the action and a residence in the
state for three (3) full months before the final judgment granting the decree of
divorce.” A.C.A. 9-12-307

The following case focuses on the last part of the above statute - the part that mentions the 3 months requirement. Does it appear that the plaintiff must live in Arkansas for the 3 months immediately preceding entry of the divorce decree? Or can the plaintiff satisfy the 3 months requirement by living in Arkansas at any time prior to the decree being entered?

The Arkansas Court of Appeals clarifies this issue in the following case….http://courts.arkansas.gov/opinions/2008a/20080604/ca07-1112.pdf

(If you don’t have time to read it, the answer is that the plaintiff only needs to live in Arkansas for 3 months at some point before the decree is entered - NOT the 3 months immediately preceding entry of the decree.)

***IF YOU ARE UNSURE OF YOUR RESIDENCY STATUS FOR PURPOSES OF A DIVORCE, TALK TO AN ATTORNEY. RESIDENCY ISSUES ARE ENOUGH TO INVALIDATE YOUR DIVORCE SO TAKE THEM SERIOUSLY!!!***

Many times there are issues that make both parents less than ideal. The following case from the Court of Appeals advises trial judges that they are to look to which “parent’s situation has recently been more stable.”

here’s the link…
http://courts.arkansas.gov/unpublished/2008a/20080528/ca07-923.pdf

Husband makes $50k one year and then $150k the next. Now the parties are divorcing and the court needs to decide child support and alimony amounts. Husband obviously says $50k is the right income - Wife says $150k is correct. What should the court do?

Courts often turn to experts for help. Averaging the person’s income over a period of time (say 2 years) is also used. Arkansas law provides that the court cannot “cherry pick” a successful time period for purposes of calculating support (85 Ark. App. 419). This implies that the court cannot choose a particularly unsuccessful time period either.

The following case, which upheld the trial court’s calculation, holds that the most current information is usually the best evidence - but accuracy in making the final determination is equally important so older information may also be needed.

http://courts.arkansas.gov/unpublished/2008a/20080409/ca07-767.pdf