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Potential Law Changes Concerning Custody and Divorce

Contributed by Mary Schneider

The Arkansas legislature is currently looking at some interesting changes in the laws concerning divorce and custody. One such law which has made it through the legislature and now headed to the Governor would be to have at the time of divorce, make it mandatory that the court must consider joint custody of the parties and consider that a clear and convincing presumption. The words “clear and convincing” make it a higher burden for the trial courts to consider awarding joint custody straight out of the gate. But as with all custody cases, the court will still always consider the best interests of the minor child(ren) in making the custody determination.

Another law that is being looked at is whether AR can have a “no fault” grounds for divorce. Presently, the only “no fault” type of divorce is available after the parties have been separated for 18 months.

Keep watching the legislative actions and lets see where these 2 laws land.

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