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http://courts.arkansas.gov/unpublished/2008a/20080514/ca07-1116.pdf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http://courts.arkansas.gov/unpublished/2008a/20080521/ca07-810.pdf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!!!***