Domestic RelationsLucas 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. Learn more...
ProbateProbate can be a long, emotional, and expensive process. Molly Lucas can help you with each step of the process, from filing a Petition for Probate, personal representative issues, to closing out a probate, whether through litigation or a family settlement agreement. If you have a loved one who has passed away, contact Molly Lucas to discuss your options. Whether your loved one passed away with a will, or without one, a personal representative or administrator may need be appointed to dispose of the Estate. Depending on the size of the estate, it may qualify for an Affidavit of Small Estate. In Arkansas, probate is at minimum a 6 month process. It is important to hire somebody who is experience with probate, because if it is not done correctly, you may run into some title issues with regards to real property, or creditor issues. Guardianships Molly has experience in helping people obtain guardianships of the estate and/or person for minor children whose parents are unable to properly care for them or who have inherited proceeds as a minor. Additionally, she has experience helping people get guardianships of adults who are incapacitated for a variety of reasons. Learn more...
Real Estate LawLucas Law handles various types of real estate issues. Some of these issues include preparing deeds, transferring property, adverse possession, quiet title actions, contract disputes, unlawful detainers, evictions, and landlord/tenant disputes. Learn more...
AppealsMolly Lucas has handled appeals in the Arkansas Court of Appeals and the Arkansas Supreme Court covering a variety of issues from revocation of probation, domestic relations, child support, attorney’s fees in personal injury cases, and sovereign immunity and takings cases. From the entry of an Order, you have 30 days to file a Notice of Appeal. Learn more...
Estate PlanningWhether you need a basic will or a full estate plan, Molly Lucas is here to help you and your family with your needs. Having a properly executed estate plan can save your loved ones time, stress, and money in the long run. A will must be probated, which at minimum takes 6 months. When dealing with the loss or incapacity of a loved one, you want the process to go as smooth as possible. A properly funded Revocable Living Trust can negate the need of the probate process. A general durable power of attorney and a health care power of attorney can negate the need of obtaining guardianship of an incapacitated loved one. Those three documents themselves can save your family a lot of time and money during highly emotional times. Learn more...