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Abandonment Laws In Arkansas With Divorce

State:
Arkansas
Control #:
AR-817LT
Format:
Word; 
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Description

This is an official notice from the Landlord to the Tenant. This Notice to Tenant sets out specific directions to either retrieve items of personal property left behind by tenant, or have items be confiscated by landlord. This form conforms to applicable state statutory law.


Abandoned property is property left behind intentionally and permanently, often by a tenant, when it appears that the former owner or tenant has no intent to reclaim or use it. Examples may include possessions left in a house after the tenant has moved out or autos left beside a road for a long period of time.


Abandoned personal property is that to which the owner has voluntarily relinquished all right, title, claim and possession, with the intention of terminating his ownership, but without vesting ownership in any other person, and without the intention of reclaiming any future rights therein, such as reclaiming future possession or resuming ownership, possession, or enjoyment of the property.

Abandonment Laws in Arkansas with Divorce: An In-depth Overview If you are considering divorce in Arkansas and one spouse has left the relationship without any intention of returning, understanding abandonment laws becomes crucial. Abandonment, also referred to as desertion, is a specific ground for divorce, meaning it provides legal grounds to dissolve a marriage. In Arkansas, there are various aspects and considerations related to abandonment laws that individuals should be aware of. Let's delve into this topic in detail, exploring the key points and different types of abandonment laws in Arkansas with divorce. 1. Definition of Abandonment: In Arkansas divorce law, abandonment is defined as one spouse leaving the marital home without justification, coupled with the absence of any intent to return. This departure can be physical, emotional, or both, and there must be a clear demonstration of an intention to end the marital relationship. 2. Establishing Abandonment as Grounds for Divorce: To establish abandonment as grounds for divorce in Arkansas, several elements must be proven: a. One spouse must have left the marital home. b. The abandonment has lasted for a continuous and uninterrupted period of at least one year. c. The deserting spouse departed without justification. d. The spouse left without any intention of returning to the marital relationship. 3. No-Fault Divorce and Abandonment: Arkansas is a no-fault divorce state, which means that spouses can also opt for a no-fault divorce where abandonment is not the primary ground. However, if one spouse can prove abandonment, it can strengthen their case concerning property division, child custody, and other aspects determined by the court. 4. Consequences of Proving Abandonment: If abandonment is proven as grounds for divorce, it can impact various aspects of the divorce process: a. Property Division: The court may take the abandonment into consideration when dividing assets and debts, potentially favoring the spouse who did not abandon the marriage. b. Child Custody: Abandonment can influence child custody decisions as the court considers the best interests of the child, taking into account the abandoning parent's commitment to the child's welfare. c. Spousal Support: If a spouse has been abandoned, it may influence the determination of spousal support or alimony payments. Different Types of Abandonment Laws in Arkansas: While there are no specific subcategories or types of abandonment laws in Arkansas, it's important to note that abandonment can be classified into different forms based on the circumstances: a. Physical Abandonment: This occurs when one spouse physically leaves the marital home without justification and with no intent of returning, thereby ending the marital relationship. b. Emotional Abandonment: Emotional abandonment refers to situations where one spouse remains physically present but disengaged from the marriage in an emotional and psychological sense, leading to a breakdown of the relationship. In sum, abandonment laws play a significant role in divorce cases in Arkansas. Understanding the legal parameters and consequences related to abandonment is crucial for those seeking divorce on these grounds. Remember that consulting a qualified family law attorney will provide you with personalized advice and guidance based on your unique circumstances.

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FAQ

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed.

When an individual can't locate their spouse after making a reasonable attempt to find them. Also known as desertion.

? In Arkansas, you must be separated for 18 months before you can file for divorce. However, there is no time requirement for filing for legal separation. ? Once a divorce decree is entered, either party can remarry. If you are legally separated, you cannot remarry unless you first obtain a divorce decree.

Grounds for divorce. (a) A plaintiff who seeks to dissolve and set aside a covenant marriage shall state in his or her petition for divorce that he or she is seeking to dissolve a covenant marriage as authorized under the Covenant Marriage Act of 2001, § 9-11-801 et seq.

How does adultery affect divorce in Arkansas? Adultery is one of the grounds upon which you can ask the court to end your marriage legally. If adultery has occurred while you're filing for divorce, consult a divorce attorney in Little Rock and seek their legal advice.

More info

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed. In all divorce cases, the plaintiff must prove grounds for divorce and 60 days' residency.Arkansas is a fault state for divorce. Married couples can file for divorce in Arkansas when at least one spouse has lived in the state for more than 60 days. Arkansas law specifically exempts uncontested divorces from the requirement to provide corroborating evidence of the grounds for divorce. (Ark. What Are the Grounds to File for Divorce in Arkansas? Married couples can file for divorce in Arkansas when at least one spouse has lived in the state for more than 60 days. However, the minimum waiting period for a divorce in Arkansas is 30 days from the date the Complaint for Divorce is filed. Arkansas is a fault state for divorce. Divorce laws in Arkansas require you to be a resident of the state.

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Abandonment Laws In Arkansas With Divorce