Lucas Law has experience in all types of domestic relations cases including divorce, custody, paternity, child support, stepparent adoptions, DHS cases, Orders of Protection, and grandparent visitation. Molly Lucas not only has the compassion needed to deal with family law issues, but most importantly the knowledge and appropriate level of aggressiveness depending on each individual situation.
Whether your divorce is uncontested or highly contested it is important to obtain with experience to help protect your family and your finances. Certain things have to be proven in order to obtain a divorce, such as residency in the State of Arkansas and grounds for divorce. After filing for divorce, which requires a $165 filing fee, proper service in accordance with the Arkansas Rules of Civil Procedure must be made on the Defendant. Even if both parties want the divorce, the Plaintiff must prove grounds. The grounds for divorce in Arkansas include: 1) 18 months continuance separation without cohabitation, 2) impotency, 3) habitual drunkenness for one year. 4) Such general indignities to the person of the other as shall render his or her condition intolerable, and 5) adultery. The divorce will deal with issues such as spousal support, child custody, child support, division of property, and division of debts.
If custody has already been established through a divorce action and a modification of custody is needed, a party seeking a modification of custody must prove that there has been a material change of circumstances since the entry of the last Order that shows that it is in the best interest of the child or children that custody be modified. The modification of custody is a more stringent standard than an initial custody determination in a divorce action. If a parent and child have moved to a different state, it may also be necessary to navigate your way through the Uniform Child Custody Jurisdiction and Enforcement Act. The staff of Lucas Law is here to help you navigate your way through any issues that may arise.
In Arkansas, if a child is born out of wedlock, custody automatically vests in the mother until the father establishes paternity through the Court. Once paternity is established, either via consent of the parties or through a DNA test, the action will deal with such issues as custody, visitation, and child support. If you had a child born out of wedlock, it is important to protect your rights, whether you are the mother and are in need of setting up child support, or whether you are the father and are in the need of obtaining visitation or custody of the child. The establishment of paternity is also important for inheritance purposes.