One of the first cases I had involved a landlord trying to evict a tenant, and I
was surprised at the difficulty the landlord had trying to “get back” his property even though the tenatatistics tells us that about fifty percent of marriages terminate in divorce. Statistics also tell us people are waiting longer to marry than ever before, and
that soon the average age of a bride will be thirty years old.
What do these statistics mean taken together? First of all, if fifty percent of the marriages are going to end in a divorce,
it might be important to consider what divorce means prior to entering into the
marriage. Since most people are waiting until an older age, they are probably
in their most productive income and economic years when they marry, instead of
earlier years when they are economically struggling.
No one likes to think their marriage will terminate in divorce, and usually at
the time of marriage the couple is excited and deeply and passionately in love.
Although it is often said that “love is blind,” it might be important to recognize and realize what you might lose in a divorce
well before you echange the marraige vows “until death do you part.”
People can enter into prenuptial agreements and they can be binding. On the other hand, they are a form of contract which is difficult to enforce,
easy to attack, and render invalid.
In Arkansas, there are only seven grounds for divorce, one being
incompatibility, or that you simply could not get along. When you want a divorce you must prove that the other party is guilty of one of
those seven grounds.
Once the grounds for divorce have been established, the court may then consider
property distribution. The court must first determine what is marital property. In Arkansas all
property that is acquired during the marriage regardless to whose name it is
in, is considered marital property. This means real and personal property, and therefore, every dollar that either
party makes is considered marital property. There are some exceptions to the definition of marital property. Property that is inherited or is received by way of a gift is not marital
property. There are some other exceptions, but they are too technical to describe in this
article.
When the court hears the parties divorce action, at the time a divorce decree is
entered, all marital property shall be distributed one-half to each party,
unless the court finds this division to be inequitable. In that event, the
court shall make some other division that the court deems equitable, taking
into consideration the following factors:
1. The length of the marriage
2. The age, health and station in life of the parties
3. The occupation of each party
4. The amount and sources of income
5. Vocational skills of the parties
6. The employability of the parties
7. The estate, liabilities and needs of each party, and the opportunity
of each for further acquisition of capital assets and income.
8. The contribution of each party in acquisition, preservation, or apprecia-
tion of marital property, including services as a homemaker
9. The federal income tax consequences of the courts division of property
The law requires that all other property be returned to the party who owned it
prior to the marriage unless the court makes some other division that the court
deems equitable, taking into consideration those factors enumerated above.
This article is not designed to describe all aspects of divorce or marital
property. An attorney well experienced and knowledgeable in family law should be consulted
whenever divorce is considered, even if before marriage.
This writer believes that marriage is sacred and should be entered into very
solemnly. In addition to understanding the obligations of the marriage and understanding
the consequences of a divorce, one should enter into the state of marriage
after careful consideration, prayer and with the determination that the
marriage state will last until “death do you part”. Happy Valentines Day.
