What do I do if my spouse threatens to hurt me?
Can my spouse call my home, or can I call my spouse, if I have an Order of Protection or
a Restraining Order against him/her?
Can my spouse force me to move out of our home?
What should I bring when meeting with my attorney for the first time?
How is custody of our children settled?
What personal property can I take with me or what debts will I have to pay?
Can I record my conversations with my spouse and will the Judge allow me to use the recordings
in court?
Can I move out of state with my children?
Can I date while I am separated and waiting for my divorce?
Can I still have marital relations with my spouse while I am separated and waiting for my
divorce?
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What do I do if my spouse threatens to hurt me?
Go to your local police department and ask for an Order of Protection or a Restraining Order. You will
have to explain the details of the incident to the Judge, who will usually grant the request for a limited
time. The Judge will set a hearing on the matter, usually within about 30 days. Your spouse will be allowed
to appear and tell her/his side of the story. We strongly encourage you to see an attorney as soon as you
have a hearing date.
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Can my spouse call my home, or can I call my spouse, if I have an Order of Protection
or a Restraining Order against him/her?
No, both of those orders protect and bar you from any contact with your spouse.
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Can my spouse force me to move out of our home?
If your home was purchased after your marriage, or if both names are on the home, or if both names are
on the lease, it is considered the marital home and neither person can force the other person to move out.
However, if the home is in your spouse's name only, you can be forced to move from the home within a reasonable
time. When possession of the home is an issue, though, your Judge may hold a Temporary Hearing and will
order one of you to move out, regardless of who's name is on the home documents. See an attorney to learn
what the Judge is likely to do in your case.
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What should I bring when meeting with my attorney for the first time?
Your attorney will want to see all of your documents from any prior activity in the court. It is also
helpful if you bring a written timeline showing all pertinent events, such as date of marriage, date of
birth of any children, date of any incidents that you want to use to discredit your spouse, date of separation,
etc.
Also bring copies of any bills and a list of property.
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How is custody of our children settled?
If you and your spouse cannot agree on who will get custody, the Judge will determine custody, based on
what is in the best interest of the children. A Temporary Hearing is often set to temporarily settle issues
of custody, child support and residence while you and your spouse are in the process of divorcing. The
Judge will be trying to preserve the status quo. If you believe your child is in danger, then an Emergency
Hearing may be necessary. In Northwest Arkansas, it is difficult to get joint custody, especially if the
children are very young. The Judge will usually give primary physical and legal custody to one parent and
visitation to the other parent, who will also be ordered to pay child support. The Judge will look at the
lifestyle of both parents and the living conditions for the children when deciding which parent will be
awarded primary custody. Until the Judge rules on custody, both parents have an equal right to the children. See
an attorney as soon as possible to make sure you are doing all you can to get custody!
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What personal property can I take with me or what debts will I have to pay?
Any property or debts that you had prior to the marriage, or that you inherited during the marriage, or
that you were given separately as a gift, is usually considered your personal property or debt. Any other
property or debt that was acquired while you were married, regardless of who paid for it or incurred it,
is joint marital property or debt and will have to be divided by the Judge if you and your spouse cannot
reach an agreement. As in all family law matters, this issue can get very complex. You should consult
with an attorney about your individual case.
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Can I record my conversations with my spouse and will the Judge allow me to use
the recordings in court?
You can record any non-telephone conversations and they will usually be allowed in Court. You can also
record telephone conversations, as long as one of the parties consents, and the Judge will also allow the
recording to be used in Court, as long as the proper groundwork for the recording is shown. Please consult
an attorney before recording any conversations to be sure your recordings will be able to be used in court.
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Can I move out of state with my children?
Yes, if you have written permission from your ex-spouse or from the Court. See an attorney to find out
what requirements your Judge may have for this written permission.
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Can I date while I am separated and waiting for my divorce?
If you have children, you must not date until you are divorced because you are still married to your spouse
and the Judge could consider any dating to be adultery. If you do not have children, consult with your
attorney before dating. Your attorney may advise you that dating is OK. However, it is never OK to begin
a sexual relationship before you are divorced, whether or not you have children. Again, discuss this with
your attorney first.
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Can I still have marital relations with my spouse while I am separated and waiting
for my divorce?
No, that voids any grounds for divorce and your action for divorce can be dismissed by the Court. However,
there may be alternatives to a divorce if you and your spouse are still having marital relations. Consult
with an attorney for all options available to you.
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