Blog – Tripcony, May

Back to Basics: Substantial Assets in Divorce – Part 1

Wed, 10 Apr 2019 18:12:00 GMT

Walking in the front doors to the Tripcony May offices you will see it written on the door, “It Does Matter Whether You Win or Lose.” And while it is true that divorce is often a traumatizing life event in which no party actually wins, an area of divorce where this motto is particularly relevant is in cases involving substantial assets.

In this two part post, we will discuss property distribution and the various issues related thereto.

There are two types of property that are dealt with during a divorce. These are marital property and non-marital property. A quick look at the Arkansas Code is helpful in defining these terms.

Ark. Code Ann. § 9-12-315 (b) defines marital property as all property acquired by either spouse subsequent to the marriage except:

(1) Property acquired as a gift or by inheritance.

(2) Property acquired by the trading of property acquired prior to the marriage, as a gift, or by inheritance.

(3) Property acquired after legal separation (divorce from bed and board);

(4) Property the parties agree is not marital.

(5) The increase in value of property described above.

(6) Certain worker’s compensation, personal injury claim, or social security disability funds.

(7) Income from property described above.

Generally, each party will be entitled to keep all of their non-marital property and one-half of the marital property in the case. However, Arkansas law does not contemplate equal distribution of assets in every case before a court. In some cases, the court will make a determination of what distribution would be equitable in that individual case. Ark. Code Ann. § 9-12-315. In determining an equitable distribution of the parties’ assets, the court uses certain factors, including:

More importantly, the court can even determine, using the above factors, that it is not equitable to return each party’s non-marital property to them at the time of the divorce! In additions to an unequal, but equitable, distribution of assets, spousal support, or alimony, may come into play. It is easy to see how you can lose a case involving high assets if you and your attorney are not prepared to be both proactive and responsive in regards to these issues.

So you may be wondering, “What can I do to keep my (soon-to-be ex) spouse from convincing the judge that they need more than half of the marital assets, a portion of the millions of dollars or priceless family property you got from your rich Uncle Larry’s will five years before getting married, one-half the interest in your pre-marital closely held corporation, and alimony for two years so that he/she can go back to school and learn a marketable skill so they can get a job?” Or, on the other hand, you may be wondering, “How can I keep my spouse from leaving me with nothing after I have supported him/her through medical school and the building of a practice, helped raise children, and put my dreams and education on hold while doing all this?”

To begin with, you should give serious consideration to not just whether to hire an attorney, but which attorney you should hire. This is an area of law where meticulous attention to detail and powers of persuasion come in handy. The trial judge will have wide latitude in the distribution of assets and if your attorney can present a good argument based on the above statutes, your chances of drawing the short straw go down dramatically. This doesn’t mean that you will end up with a windfall, but it does prevent the other side from ending up with that windfall.

It is imperative that you provide your attorney with a list of every asset that you and your spouse own, both separately and individually. This includes real estate, personal property of value, stocks, bonds, automobiles, checking accounts, savings accounts, investment accounts, retirement accounts and pension plans (including IRAs, 401Ks, FERS, CSRS, pensions, railroad retirement, military retirement). Include in your list dates and methods of acquisition, approximate current values, and descriptions of any additions/upgrades to each asset, such as contributions to accounts or upgrades to real property, and in the case of retirement accounts, pensions, or mortgaged real estate, a list of any loans or other borrowing against the asset that has occurred. In this case, the more information you provide the better. Include everything you can think of and let your attorney decide if something is unimportant. And if you suspect your spouse has assets you are not privy to (this happens more than you would think), err on the side of caution and provide that information as well. Your attorney will then conduct discovery to make sure all assets are known and accounted for.*

The next post will discuss some particular issues, such as reclassification of pre-martial assets as marital and how courts handle the increase in value of premarital assets during the marriage.

As always, this post is not meant to be, and should not be construed to be legal advice or a replacement for the counsel of an attorney.

If you would like to schedule an appointment to meet with one of our attorneys regarding divorce, or another area of family law, please call 501-296-9999 for a free consultation.

This article was written by the Tripcony May Team.

Photo Credit: Pixabay from Pexels.com

* For a discussion of the discovery process see the last post.

Back to Basics: I filed for divorce, what now?

Fri, 15 Mar 2019 02:42:00 GMT

For the vast majority of people, being involved in a court case and all that it entails is quite stressful. At the outset of a case, many clients feel like they are standing at the entrance of an impossible maze filled with terrifying unknowns and terrible surprises waiting to trip them up and prevent them from reaching the calm at the end.

Unfortunately, law school does not equip students with crystal balls and most attorneys don’t have the time to hone their fortune telling abilities, so no attorney will be able to make guarantees about the outcome of your case. However, most people feel less stressed, and maybe a little reassured, just by verbally walking through the process of a divorce case. In this installment, we will take a brief walk through the logistics of a divorce case.

Parties who have been married for a relatively short period of time, have not commingled assets, have not made martial purchases, have no children, and (by some miracle) have amicably decided that a divorce is the best path for both will have the most basic divorce of all. One party will file a complaint for divorce which states the required information and the grounds on which a divorce is being sought.* The opposing party will file an answer in which they will either admit or deny each of the statements made in the complaint. Though not required, many times the opposing party will deny the listed grounds for divorce and file a counterclaim. In the counterclaim they will state that they should be granted the divorce and list the grounds on which they are basing their claim. The original party will then file an answer to the counterclaim and usually deny the grounds for divorce. Theses initial filings get the case into court and provide the posture the parties need in case one party decides they do not want a divorce or that there are assets and debts to be divided.

Next, if the parties are still in agreement, they will discuss, draft, and sign a decree to be entered by the court. The decree will state that the party who is “taking the divorce” has grounds, that the opposing party does not deny the grounds, that the opposing party withdraws their complaint/counterclaim, and that all property and debt rights have been settled. As was discussed in the last post, after the testimony of the party “taking the divorce” and their witness, the judge will sign off on the decree and your case will be concluded.

Most people, unfortunately, will not have such a simple case. If you have been married for some time, have assets that you acquired prior to your marriage, have lots of assets acquired during your marriage, have debts that were acquired during the marriage, have children, and/or you or your spouse don’t want to get divorced then you will have some intermediate steps in the process.

After the complaint, counterclaims, and answers you and your attorney will need to begin the process of discovery. Discovery is a phase in which you find out if your spouse has assets or debts you don’t know about, what assets and debts are marital and which ones belong to one party or the other, if your spouse has the ability to have custody of any children, what your spouse is trying to get out of the divorce, why they feel they are entitled to a divorce, whether they are seeking joint/full custody, who are the witnesses that they intend to call if the case proceeds to trial, etc. Some people feel that they are familiar enough with their spouse that they can forego this process. However, many times client’s find out that there is much they don’t know and, if a case is likely to proceed to trial, it is imperative for your attorney’s preparation of your case.

Discovery can be an extensive process and methods in which your attorney might conduct discovery include interrogatories, requests for production, taking depositions, requests for admissions, or the issuance of subpoenas. Interrogatories are merely written questions which the opposing party answers and swears that their answers are true. Requests for production are written requests asking the opposing party to provide documents, such as bank statements, other account statements, leases, mortgages, medical records, or any other discoverable evidentiary document relevant to the case. Requests for admissions are written statements which one party asks the other to either admit or deny. A deposition is in person sworn testimony taken outside of court. And, finally, a subpoena is an order for a third party to either provide documents or appear to be a witness at trial or deposition.

After discovery is completed, the parties will attempt to negotiate a settlement which encompasses all aspects of the case. If a settlement is not achieved for all issues, those issues which the parties agree upon can be settled, and the remainder can go to trial. At trial, the judge will hear the evidence and settle any property, debt, or custody issues.

Hopefully the above has given you a general feel for the process of a divorce case and it is less mysterious and daunting than it may originally seem.

The above should not be considered legal advice and there is no substitute for counsel of a qualified attorney.

If you would like to schedule an appointment to meet with one of our attorneys regarding divorce, or another area of family law, please call 501-296-9999 for a free consultation.

This article was written by the Tripcony May Team.

Photo Credit: Pixabay from Pexels.com

* For a discussion of grounds for a divorce see the last post .

Back to Basics: Do I have grounds for a divorce in Arkansas?

Sun, 03 Feb 2019 23:43:00 GMT

The first topic covered is grounds for divorce. Because not every state requires a plaintiff to have grounds for divorce, this subject is the source of some confusion. States that do not require grounds are often called “no-fault” divorce states. But for better or worse, divorce in Arkansas is not that simple and you must have actual grounds for a court to grant you a divorce.

So, what are the grounds for divorce in Arkansas? This cursory outline of Arkansas Code Annotated § 9-12-301 will give you a very basic answer.

A court has the power to grant a divorce for:

(1) Impotence;

(2) Conviction of a felony or other infamous crime;

(3) (A) Habitual drunkenness;

(B) Cruel and barbarous treatment that endangers the life of the other; or

(4) Adultery

(5) Separation without cohabitation for eighteen (18) months;

(6) Insanity of spouse; and

(7) Non-support.

Most of these are simple and don’t require much by way of definition or explanation. However, the one listed that seems to be used the most is (3)(C), general indignities. This is a rather vague term and requires some further reading to understand.

The Arkansas Supreme Court, in Coker v. Coker , gave one definition of what is required for general indignities and stated, “it is still necessary that the conduct relied upon manifest settled hate, alienation and estrangement and be constantly and systematically pursued with the purpose and effect of causing an enduring alienation and estrangement and rendering the condition of the spouse intolerable.” Coker v. Coker , 2012 Ark. 383 (citing Lytle v. Lytle , 266 Ark. 124 (1979). The Court went even further back in time to 1849 to gain more insight on this ground for divorce when it cited Rose v. Rose which clarified that a party need not have “reasonable apprehension of bodily hurt,” but that “rudeness, unmerited reproach, contempt, studies neglect, open insult . . .” which are “habitual continuous and permanent” will satisfy the requirements for general indignities. Id . at 5, (citing Rose v. Rose , 9 Ark. 507 (1849).

Still confusing? It really isn’t as complicated as it sounds. As I have heard it asked before, “Was your spouse mean to you? Call you names? Treat you bad or in such a way that it makes your situation in life and in your marriage intolerable?”

Merely having grounds for divorce is not all that is required for the grant of a divorce. If your divorce is uncontested, you will not have to prove your grounds for divorce in court. This does not mean that you are not required to have grounds to obtain a divorce, but rather that the opposing party is not contesting that you have grounds. You are still required to appear before the judge, or submit sworn deposition testimony, and present the details of your grounds for divorce to the court.

In the event that your divorce is contested, you and your spouse will appear in court and you will be required to prove that you have grounds for a divorce. This will require you to present corroborative evidence from witnesses who have first-hand knowledge of your grounds for divorce. This requires more than just a witness who can repeat what they have been told.

Remember that this is a very basic discussion and there are many aspects to each of these grounds for divorce which have not been examined. There is a reason that an attorney’s answer to every question is, “It depends,” and it truly does depend on many variables. The above should not be considered legal advice and there is no substitute for counsel of a qualified attorney.

If you would like to schedule an appointment to meet with one of our attorneys regarding divorce, or another area of family law, please call 501-296-9999 for a free consultation.

This article was written by the Tripcony May Team.

Photo Credit: Rawpixel.com from Pexels.com

December is the Time to Make a Family Plan

Mon, 17 Dec 2018 19:36:00 GMT

First, we have to figure out who’s going to be the boss and the executive. This should be one or both of the parents. We can call this co-parenting. Next, we have to figure out the staff and their responsibilities. The staff or in this case, the children, should be responsible for receiving. Receiving what you may ask…your love, your support, your encouragement, your empathy, your respect, and your dedication.

Let’s get back to the mission, the team. A team is a group of individuals working together for a common goal. The goal for this specific plan is to be a family. A team that works together to become a family, that sounds simple, right? Lastly, we have to strategize. As a team, working to achieve the desired result; we have to stick to the mission. So we ask you, what can you add in your plan to get your desired result in order to complete your mission?

Michael J. Fox once said, “Family is not an important thing, it is everything.” Working in the area of family law, we definitely have some ideas that you may use to help your family achieve its mission. Even if it is going to a soccer game and you are tired from working a 12-hour shift. It could even be helping your child with their homework, cooking, and balancing a checkbook all at the same time. Putting your family first on top of everything is one idea to add to your list, it can even go at the top of your list. Then, you can just work your way down. Remember this is a plan, and your family is your business!

Photo Credit: Rawpixel.com from Pexels.com

How Much Does It Cost to Get a Divorce?

Mon, 09 Apr 2018 18:26:00 GMT

The answer to this question could be given in several different versions. The first answer that comes to mind is that each case is handled differently. It is difficult to put an exact price on your divorce before an attorney consults with you. This is due to possible issues that may have to be brought before the court such as, custody, visitation, division of property, discovery, etc. In a lot of firms, a retainer is required to start a divorce case. However, that amount will most likely be discussed during your initial consultation. Once you and the attorney decide the best avenue of approach for your case, the divorce process will start.

If you are the spouse initiating the divorce your attorney will draft up the complaint based on your reasons for wanting a divorce and file with the court clerk’s office in the county that holds jurisdiction. The clerk’s office will charge your attorney a fee to have this document filed. As a result and in most cases, your attorney must charge you. You may be thinking, “The filing fee should come out of my retainer”. However, you will learn during the consultation the retainer is for the actual work that the attorney performs on your case, such as the actual drafting of the complaint itself. The amount of the filing fee may vary from county to county. For example, in Pulaski County, Arkansas, the filing fee is $185.00. However, in Dallas County, Arkansas, it is $165.00. Once your complaint for divorce is filed, it will be time to serve your spouse the documents. Normally, this service is completed by a process server.

A process server is a privately owned company, and their fee for service will vary. It may range from $50.00 to $100.00. It will depend on variables such as time, distance, location, etc. This is also a fee that is charged to your attorney, which means that you will likely see it on your monthly bill. Remember the “fees” that we are discussing are not part of your retainer. This will be what separates the expenses of your case from the professional services that are performed by the attorney.

In the next version, the answer to this question is that yes a divorce of any kind will cost money, but it will also cost emotional pain and in some cases, it will cost family dissolution. As harsh as this may sound, it is not the end of the road, just a left turn in the journey called life. In most states, but more specifically in the State of Arkansas, when children are involved and either spouse files for divorce, both parties may be required to attend transparenting classes. The purpose of the classes is to teach effective parenting during the times of divorce and also in separation.

There are different ways to look at divorce, for some it is an emotional train wreck and for others, it is a new beginning, but in every case, there is guaranteed some version of cost. How much cost can only be determined by your issues before the court, the services of the attorney, expenses of your case, and most importantly YOU. However, you are never in it alone. There are counselors and many other resources available around the globe to assist you during this time of transition.

If you decide to petition the court regarding a divorce proceeding, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who understands how the divorce would affect your family.

Tripcony May provides services in divorce, contract, prenuptial agreements, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

Photo Credit: Rawpixel.com from Pexels.com

Surviving Alimony in Arkansas: The New Changes to Tax Law

Mon, 09 Apr 2018 18:03:00 GMT

However, in a long-term marriage or where one spouse is ill, the court may establish a permanent spousal support arrangement. Alimony will more likely be awarded to any spouse who has been out of the workforce for a number of years to get spousal support while they obtain assistance to re-enter the workforce.

Alimony in Arkansas is changing. Any spouse that is a party in a divorce after December 31, 2018, has a bright future ahead….well, that is if they are on the receiving end and they are okay with being awarded a lesser amount than they would have in previous court decisions. The spouse receiving alimony no longer has to pay taxes on the payments he or she receives. That’s right, a spouse can receive alimony payments tax-free and without the hassle of claiming it as a source of income. The payor, however, no longer can file the alimony he or she pays out as a deduction. The paying spouse may argue for lower alimony payments due to the fact he or she will no longer be able to file it on taxes, thus eliminating his or her tax savings. It’s probably a good time to say that this new tax law may make a normally easy divorce seem difficult, if divorcing was ever considered easy.

When we look at the big picture, getting a divorce finalized does not happen overnight. There are meetings with the attorney, the discovery process, temporary agreements, court costs, etc., which all can be considered financial burdens on their own, and for some parties may take years to financially recover. As we are all trying to figure out this new tax code, some think that this will force already unhappy couples to stay together, simply because it is cheaper.

In a report released by CNBC , Ken Newmann, Director of the Center for Mediation and Training in New York City, provided the following scenario: “A man who earns $500,000 a year and is in the top tax bracket is paying his wife $100,000 a year in alimony — but it only costs him roughly $50,000, after the tax break. The ex-wife receives the $100,000, but is left with $75,000 after taxes.”

In this report, Neumann further stated that “he could see many cases where the ex-husband will argue that he can only afford $50,000, and the ex-wife would be left with $50,000 a year — or $25,000 less.” Unfortunately, parties that may be potentially hoping to avoid these specific alimony battles may want to try and wrap things up before December 31 ^st . It’s a risky business. In a divorce, no one wins. There is already an emotional attack that a divorce takes on each spouse and on the children. In almost all cases, financial instability sometimes will only deepen the wound.

If you decide to petition the court regarding alimony in a divorce proceeding, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who understands how the new tax law would affect your financial stability.

Tripcony, May & Associates provides services in divorce, contract, prenuptial agreements, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

What is a Covenant Marriage in Arkansas and Can I Get a Divorce if Necessary? Part II

Wed, 28 Feb 2018 04:42:00 GMT

To answer the question regarding a covenant marriage in Arkansas , “can I get a divorce if necessary?” the answer is simply yes. However, what you deem as necessary must be applicable to the laws of your state. In Part I of this blog article , we discussed that a spouse may petition the court for a divorce; however, he or she has the burden of proving that the other spouse has committed specific acts that violate the covenant marriage agreement. In this second part, we are discussing an event that must take place prior to the petition, the authorized counseling.

When a potential client enters the law office and he or she is seeking a divorce, one of the questions that must be answered is, “ Is your marriage a covenant marriage?” A vast majority of the potential clients do not know what a covenant marriage is or have never heard of it. Although Arkansas is one of the three states that allow a covenant marriage, it is widely unpopular. In an effort to encourage couples to join this type of commitment, Governor Mike Huckabee made top headlines in 2004, when announced that he and his wife intended to convert their current marriage nuptials into a covenant marriage on Valentine’s Day- at the then North Little Rock Arena. At that time, only about 600 unions were recorded as covenant marriages since the Act had been passed in 2001.

With the divorce rate so high in the United States and Arkansas being among the top five, why should a person even contract a covenant marriage? As stated in Part I, obtaining a covenant marriage in Arkansas is not a requirement. However, for some couples, the process to terminate this type of contract can be difficult if they desire to no longer remain married. An authorized counselor’s job is to detail to the couple the seriousness of a covenant marriage by explaining the commitments and obligations of a lifetime commitment. This counseling also includes the discussion of the couple’s obligation to seek further counseling if difficulty arises within the course of their marriage. However, the counselor that you choose can’t be just a friend or family member. This person has to be someone that is authorized by law.

“Authorized counseling,” means marital counseling provided by:

One of the questions to really ask yourself is if you view divorce as an option in a marriage, then why seek a covenant marriage in Arkansas? If divorce is an option, then getting a divorce in a non-covenant marriage is not going to make your “status” appear any differently if in the end you ultimately choose divorce. In authorized counseling, you will have to spend a lot of time, money, and conversations about your feelings and your life. This is not bad, communication is great and it may aid you and your spouse in your decision making. However, going into any marriage already viewing divorce as an option may not end well. In a non-covenant marriage, a portion of the traditional wedding vows are “for better or worse” and “until death do us part,” remember?

If you decide to petition the court regarding a covenant marriage, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you in this process. As mentioned when we first began on this subject, there is a specific criterion that must be met such as “authorized” counseling, and a qualified and provable reason for a desire to dissolve the marriage.

Tripcony, May & Associates provides services in covenant marriage contract, prenuptial agreements, divorce, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999 , between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

What is a Covenant Marriage in Arkansas and Can I Get a Divorce If Necessary? Part I

Tue, 20 Feb 2018 17:56:00 GMT

Marriage has been thought of to be a lifelong commitment. Through years of change in cultures, societies, and laws, a marriage is simply what you make of it. You may be granted a divorced based on any reason that the state where your petition is filed honors for the divorce, such as “general indignities.” However, it may be a requirement by your state that you and your spouse live separate and apart for a specific length of time.

In the State of Arkansas, unless you meet specific grounds for divorce, spouses must live separate and apart for a minimum of eighteen months continuously, and without cohabitation. A Covenant Marriage is an option available to a couple when they seek a marriage license, but it is not required. In 2001, Arkansas passed the Covenant Marriage Act, to serve as an obligation to preserve the marriage even when difficulties between spouses arise. At that time, Arkansas had the second highest divorce rate. According to a report released by MSN , in 2016, Arkansas held the highest divorce rate in the United States showing that 23.4 per 1000 people were granted a divorce. Fifteen years, and not much has changed. Divorces in the State of Arkansas are still at a record high.

Two parties who agree with the understanding that their relationship is a lifetime commitment may enter into a covenant marriage. Prior to the parties’ marriage, they must undergo authorized counseling that highlights the nature, purpose, and the responsibilities of their marriage. The parties’ declaration of this legally binding contract must be completed and filed with their application for a marriage license. Currently in the United States, covenant marriages are recognized in only three states: Louisiana, Arizona and Arkansas.

A petitioner is able to file for a divorce, even in a covenant marriage. However, it is not so easy as stating “irreconcilable differences” in a petition. Only after authorized counseling has taken place, and a spouse decides to petition the Court for a divorce, he or she has the burden of proving that their spouse has committed any of the following:

(A) If minor children are involved, and the spouses have been living separate and apart for 2 years and 6 months continuously without reconciliation since a judgment of a judicial separation was signed.

(B) If abuse has occurred against a minor child of the marriage or a child of one of the spouses was the reason for a judicial separation, a divorce may be granted, if the spouses have been living separate and apart continuously without reconciliation for a period of one year from the date a judgment of a judicial separation was signed.

If you decide to petition the court regarding a covenant marriage, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you in this process. As mentioned earlier, there is a specific criterion that must be met such as “authorized” counseling, and a qualified and provable reason for a desire to dissolve the marriage.

Tripcony, May & Associates provides services in covenant marriage contract, prenuptial agreements, divorce, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

Spousal Abuse in Arkansas: A Plan of Prevention

Mon, 29 Jan 2018 23:38:00 GMT

“I married my best friend,” “I married my soul mate,” We belong together,” are some of the many statements we often hear married couples say during the course of their marriage. However, in some marriages, there is struggle and hardships that will cause a breakdown in the relationship. These breakdowns may lead to divorce, separation, and in the most darkest times, spousal abuse.

Spousal abuse is defined as an act of violence or mistreatment that a woman or a man may experience at the hands of his or her marital partner. No matter what stage of a relationship, emotional, physical, or sexual abuse can occur. According to recent statistics, 1 in 3 women (35.6%), and 1in 4 men (28.5%) in the United States have experienced rape, physical violence and/or stalking by an intimate partner in their lifetime.

The Spousal Abuse Safety Plan Act of 2007 was designed in the State of Arkansas to decrease the occurrences of abuse and the exposure of abuse in children by training and education on the prevention of and intervention in spousal abuse. This plan supports community, faith, and civic based classes that caters to adults and even children that focuses on healthy relationships, how to determine unacceptable behavior in relationships, conflict resolution, spousal abuse awareness, etc.

When spousal abuse takes place in the home, it has the potential of doing more harm than the abuse itself when there are children involved. When children witness spousal abuse by one parent to the other parent, it may adversely affect the child into long term emotional scarring that can take years to remove, with suitable counseling and education. It may also cause a child to inflict harm on others, which may eventually cause him or her to seek rehabilitation in order to have a stable state of mind.

Spousal Abuse in Arkansas: How to Create a Prevention Plan

Below are a few common tips to consider when you feel that you have been a victim of spousal abuse .

Women & Children First: (501) 376-3219

The Dorcas House: (501) 374 -4022

Arkansas Coalition Against Domestic Violence: (800) 799-SAFE

The National Domestic Violence Hotline: (800) 799-7233

If you decide to petition the Court regarding orders of protection or restraining orders, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in divorce, petition for an order of protection, restraining orders, child custody, visitation surrogacy, annulments, pre and postnuptial agreements, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information and resources.

**Statistics provided by The National Domestic Violence Hotline

Supreme Court Rules: Marriage Equality – Arkansas Birth Certificate Law

Mon, 22 Jan 2018 03:47:00 GMT

Earlier this year, the United Supreme Court ruled that the Arkansas birth certificate law , A.C.A § 20-18-401, is unconstitutional to the extent that it treats similarly situated same-sex couples differently from opposite-sex couples.

Leigh and Jana Jacobs, and Terrah and Marisa Pavan, both same-sex married couples decided to have a child. In 2015, Leigh and Terrah each gave birth in the State of Arkansas. After each couples’ child was born, both couples attempted to receive birth certificates for their child by completing the required paperwork. Although each couple completed the paperwork, Leigh listing Jana as the other parent and Terrah listing Marisa, the Arkansas Department of Health issued the certificates only listing the birth mother as the parent and purposely excluded Jana and Marisa. The State’s department decision was based on A.CA. § 20-18- 401 , which supports displaying only the mother or in some cases mother and father on birth certificates. This provision specifically excluded the same-sex couples. However, to the Jacobs’ and the Pavans; this meant that the Arkansas birth certificate law was a violation of the United States Constitution.

As a result, the couples filed a suit in Circuit Court against Nathaniel Smith, Director of the Arkansas Department of Health, claiming that by not allowing them to list their same-sex spouse violated the mandate of Obergefell v. Hodges , which provided that states may not deny same-sex married couples the same rights, benefits, and responsibilities as opposite-sex couples. The trial court agreed with the Pavan’s. However, when this case went before the Arkansas Supreme Court, the Justices were divided on this issue and reversed the judgment viewing that “the statute centered on the relationship of the biological mother and biological father to the child, not on the marital relationship of husband and wife”. This meant that it was not in violation of constitutional rights or Obergefell v. Hodges .

A petition for writ of certiorari was granted, (a document filed by the losing party asking the U.S. Supreme Court to review the decision of the lower court) and the records of this case were sent to the United States Supreme Court for review and the decision by the Arkansas Supreme Court was reversed. On October 19, 2017, the case was sent back to the Arkansas Supreme Court, and the ruling was made to ensure that circuit courts allowed same-sex spouses the same right as opposite-sex spouses, to be listed on a child’s birth certificate in the State of Arkansas.

However, things did not go as smoothly as some would hope. Two months passed after the ruling on October 19 ^th and birth certificates still were not being issued to same-sex couples in the State of Arkansas. In December of last year, Pulaski County Circuit Judge Timothy Fox ordered the State and the parties of the case to mediate on this issue in hopes to amend the law, and comply with the U.S. Court’s ruling.

After resistance from Arkansas Attorney General Leslie Rutledge, Judge Fox ordered the State Department to halt from the issuance of birth certificates until state officials complied with the ruling of the U.S. Supreme Court. According to the Associated Press , Judge Fox stated in his order that “he was hopeful that the governor could fix the law by executive action.” The same day on December 8, 2017, Governor Asa Hutchinson directed the state department to commence with the issuance of birth certificates, and to list both spouses on birth certificates issued to same-sex married couples.

For more information regarding this case, you may view:

Smith v. Pavan-Supreme Court of Arkansas Ruling

Pavan v. Smith-Supreme Court of the United States Ruling

If you decide to petition the Court regarding surrogacy or would like a consultation regarding same-sex marriage laws in the state of Arkansas, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in surrogacy, annulments, pre and postnuptial agreements, divorce, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

What is On Your List? A New Year with New Beginnings and Legal Resolutions

Fri, 05 Jan 2018 22:53:00 GMT

Welcome to 2018! The New Year always brings new resolutions, new chapters, and new life changes. All of your choices are important, and at Tripcony, May & Associates, you are encouraged to also consider a few legal resolutions that may affect you, your family members or friends.

Living Will : Starting a Living Will may aid your family in making difficult decisions without you. It will allow your wishes regarding your health and wellbeing to be carried out in the event that you are unable to communicate them to healthcare professionals due to a terminal condition. Ultimately, you may relieve family members from the stressors of trying to anticipate what your wishes might be.

Divorce : Unfortunately, January is a month where many spouses consider separation. This is not an easy decision and sometimes it is not the best decision. Speaking with an expert family law attorney may aid you in your decision regarding alimony, annulment, contested or uncontested filings.

Adoption : This can be a joyous and exciting process, but also overwhelming. There are Arkansas adoption laws and guidelines that must be followed when adopting a child. Every situation is unique, as the judge must also find it to be in the child’s best interest to be adopted.

Surrogacy : This is an area of family law that is constantly growing in the State of Arkansas. Traditional and gestational surrogacies are both allowed in this State. However, just like with adoption, the process can be overwhelming. Please view the surrogacy practice area page for more information regarding your surrogacy options and resources. You may also contact Heather May , an expert in this area of law, regarding any questions in starting a surrogacy.

There are laws that affect husbands, wives, children and even grandparents when decisions regarding family law are made. The past year, 2017, Tripcony, May & Associates saw a vast number of clients regarding divorce, child custody, surrogacy, and adoption. In a majority of these cases, tax law, commercial law, division of pensions, and personal and real property were all factors that had to be negotiated between parties. It takes experience and knowledge from expert attorneys to handle these specific situations.If you decide on legal resolutions for 2018 and you want to pursue a living will, divorce, adoption, or surrogacy, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in divorce, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. You may also view www.tripconylawfirm.com for additional information.

Alimony Updates: Arkansas Family Law in 2017 – Modifying Alimony

Fri, 15 Dec 2017 23:31:00 GMT

Once a spouse files for divorce, in some cases, there are a lot of financial queries that must be decided in court such as child support, real property, personal property, etc. One of the biggest decisions may be regarding alimony ; such as, which spouse will pay alimony, how much and for how long?

What purpose does alimony serve? It is awarded to one spouse by the other spouse, through a court order, to rectify the imbalance in the income and standard of living of the parties. Some of the factors courts may consider when deciding to award alimony may include:

In 2013, Joseph and Dana Berry were divorced, and Ms. Berry was awarded alimony in the amount of $4000 per month for 15 years to be followed by $3000 per month until the event of Ms. Berry’s remarriage or by death of either party. In 2015, Mr. Berry filed a petition and asked the Court to modify the alimony as Ms. Berry received an inheritance of her mother’s assets, worth approximately $448,000. In the State of Arkansas, in order for a modification of alimony to be awarded, there must be a significant and material change in circumstances of the parties. The burden of proving this change in circumstances falls on the party seeking the modification. A.C.A. § 9-12-312(a)(7)

The trial court found that although Ms. Berry inherited assets, it was not considered an unanticipated material change that justified a termination or modification of alimony. Ms. Berry previously testified about her mother’s health in the 2013 divorce hearing, and noted that she would likely pass away in the future. The trial court found that the inheritance in fact was contemplated during the divorce hearing. Changes in circumstances can’t be considered as unanticipated if they were contemplated at the time of the original award. The Court of Appeals of Arkansas reviewed this case, and on March 8, 2017, they affirmed with lower court’s decision.

For more information and to read the entire opinion of this case, you may view Berry v. Berry

You may also view http://www.tripconylawfirm.com/faq-spousal-support/ for frequently asked questions regarding alimony/spousal support .

If you decide to petition the Court regarding a divorce, including alimony/spousal support, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in divorce, child custody, visitation, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Military Retirement Pay and Divorce: The Good, The Bad, and The Truth

Tue, 28 Nov 2017 14:49:00 GMT

New Changes in Family Law, 2017

The Uniformed Service Former Spouses’ Protection Act of 1982 (USFSPA) was designed to treat veterans’ “disposable retirement pay” as marital property contingent upon a divorce and by a court order. This is not as easy as it may sound, as there are certain qualifying factors that must be accounted for. Earlier this year, the United States Supreme Court overturned a ruling from a lower court regarding retirement pay in Howell v. Howell.

Military Retirement Pay and Divorce

In this particular case, Mr. Howell, U.S Air Force enlistee, was to receive retirement pay upon exiting the military. He and his wife divorced in 1991, and Ms. Howell was awarded 50% of his retirement pay. Mr. Howell retired in 1992 and both parties began to receive compensation the following year. However, in 2005 the Department of Veteran Affairs awarded Mr. Howell disability pay due to a service-connected disability.

In order for Mr. Howell to receive this benefit, he had to sign a waiver that would allow the Department of Finance and Administration (DFAS) to deduct $255 from his monthly retirement pay in order to avoid “double dipping.” See Mansell v. Mansell, 490 U.S. 581 . Signing the waiver was advantageous for Mr. Howell as retirement pay is taxable, and disability pay is nontaxable. However, this mandatory deduction also meant that Ms. Howell’s retirement pay would reduce.

As a result, Ms. Howell petitioned the Court not only to enforce the Decree of Divorce, but also for all arrearages equaling reductions in her share of retirement pay. The family court ruled that the decree of divorce gave Ms. Howell a vested interest in the pre-waiver amount of Mr. Howell’s retirement pay. Ms. Howell was also awarded arrearages and Mr. Howell was held responsible for ensuring that Ms. Howell would receive 50% of his retirement with no regard to his disability benefit.

Mr. Howell appealed; and the Arizona Court of Appeals affirmed the decision of the lower Court. However, certiorari was granted allowing this decision to be reviewed by the United States Supreme Court.

The Big Picture

It was held that a State Court may not order Mr. Howell to indemnify (compensate for loss or harm) Ms. Howell for the loss in her portion of Mr. Howell’s retirement pay caused by the waiver of retirement pay to receive service-related disability benefits. Simplified meaning: the Court of Appeals’ decision was reversed.

Federal law pre-empts the States from treating waived military retirement pay as divisible community property. Under USFSPA, when family courts consider the value of a veterans retirement pay to award spousal support, they also have the option to take into account that the veteran may at some point waive a portion of it.

For more information on this impact to military retirement pay and to read the entire decision of this case, you may view: Howell v. Howell, 137 S. Ct. 1400 (2017)

If you decide to petition the court regarding a divorce that includes military marital property, it would be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in child custody, visitation, divorce, grandparent rights, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

[avatar user=”lceasar” size=”thumbnail” align=”left” link=”file” /] About the Author: LaTrenia A. Ceasar, MSLS, Freelance Writer, has been an employee at Tripcony, May & Associates since 2015.

Surviving the Holiday Season: Managing Visitation and Custody Arrangements

Tue, 14 Nov 2017 03:04:00 GMT

In the State of Arkansas, there are various types of child custody agreements in which a Court may allow parents to enter. However, custody and visitation will be awarded under the umbrella of the best interest of the child. There are several of the Circuit Courts that have a standard visitation schedule. Generally, parents will be ordered to rotate Spring Break, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve, Christmas Day and New Year’s Day each year.

When parents live in different states, schedules can be adjusted to fit the needs of the child first and to be fair to the parents. This time of the year, visitation may become difficult, as one parent may want extra time on Thanksgiving Day, while the other parent may wish to have Christmas Eve and Christmas Day, and the child just wants both parents together.

Whether your visitation arrangements are Court ordered or an agreement between parents, here are some tips to consider during the holiday season:

In some families, parents may not be able to spend the holidays with their children due to distance, military, employment, etc. If this is the case, a parent may consider choosing an alternative method of visitation such as FaceTime, Skype, or some other video messenger. Remember, it is important for the child to spend time with both parents. Creating a loving atmosphere where the child can develop and be comfortable with separate homes may not be perfect, but easier.

If you decide to petition the court for child custody, visitation, or to modify an already agreed order, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

A Family Law Affair: Grandparent Rights in the State of Arkansas

Tue, 07 Nov 2017 21:10:00 GMT

Imagine there is a bundle of joy somewhere out there in the world; connected to you, growing, learning to walk for the first time, learning to read and experiencing all the milestones in life-but without the support of his or her grandparent. What should grandparents do if they are being told by one parent or in some cases both, that they are not welcomed into their grandchildren’s lives? This situation is all too familiar for Arkansas House of Representative Laurie Rushing .

In March of this year, she made very public her woes of not being able to see her grandchildren. After her daughter’s death, her son-in-law denied visitation with her grandchildren. Due to battles like Rep. Rushing experienced and so many cases before hers, laws have been placed throughout history to guard the rights of grandparents.

In Rep. Rushing’s efforts to strengthen these rights, she attempted to change the laws already in place in the State of Arkansas by presenting House Bill 1773 . Her motivation behind this bill was to amend grandparents’ rights in custody and visitation matters and for other purposes in such cases as her denied visitation. The House Committee on Aging, Children and Youth, Legislative & Military Affairs has since sent this bill for an interim study.

The Law

There are unfortunate cases where a marital relationship has dissolved due to divorce, legal separation or death of one of the spouses. Currently, Arkansas Code Title 9 must be followed if a grandparent or a great-grandparent petitions the court for visitation.

In some cases, the child may have been born out of wedlock. If that is the circumstance, only the maternal grandparent may petition the court for visitation. The statute allows for the presumption that if one parent is rejecting the visitation of the grandparent; it is because he or she feels it is in the best interest of the child.

Once a grandparent files a petition for visitation, he or she has to invalidate this presumption by not only proving that grandparent visitation is in the best interest of the child, but also that a significant and viable relationship between the grandparent and child exists. This burden of proof should meet the following:

In addition to establishing a relationship between the grandparent and child, the grandparent also has to prove:

If the court grants visitation to the grandparent or grandparents; the specifics of how, when and any restrictions will be ordered in writing. Under this statute, all orders granting or denying visitation rights will be final, subject to an appeal by either the petitioners (grandparents) or the custodians (parents). The petitioner or the custodian also has the option to file for contempt if one party fails to comply with the order or modify the order when there has been a change in circumstances.

Before you petition the court for visitation with your grandchildren or great-grandchildren, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in grandparent rights, divorce, child custody, visitation, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

About the Author:
LaTrenia A. Ceasar, M.S.L.S., Freelance Writer, has been an employee at Tripcony, May & Associates since 2015.

Veteran Benefits: Bridging the Gap between Veterans and Lawyers for Veteran Legal Assistance with VetLex.org

Tue, 17 Oct 2017 00:30:00 GMT

Transitioning from military life to civilian life can be difficult for veterans. Add legal matters to it and it can be a strenuous- life-changing -event. However, there are countless programs and opportunities in place with the aim to make the changeover an easier road to travel. With the vast changes in veteran benefits, now we can add legal assistance to that list. Earlier this year, the American Bar Association and the Jones Day firm made public their partnership in VetLex.org .

This online platform will link a surplus of services for veterans in need of legal assistance with attorneys, firms and legal organizations that desire to do pro bono work to assist them in a number of ways.

Being involved in any legal case may cause a person to become overwhelmed with questions regarding employment, housing assistance, medical, etc. To accommodate these types of questions, VetLex will provide information services that stand to educate veterans on what programs that may be available in their respective communities.

Attorneys may want to represent veterans only in certain areas of the law. In this situation, they are able to create a profile on VetLex that will allow them to choose the types of cases they will take such as civil, family law, etc. VetLex will also provide specialized training that will allow lawyers to gain accreditation with the Department of Veterans Affairs, which will allow them to take veteran benefits cases.

Please note that the site, VetLex.org, is still in its development phase. It plans to launch in select locations on Veterans Day, November 11, 2017, with the intent to become fully operational sometime in 2018. For more information, you may view:
http://www.vetlex.org

Another site for more information is listed on ABA’s website at:
https://www.americanbar.org/aba.html

For information on how Tripcony, May & Associates can help you, please call us at 501-296-9999 or contact us online for a free consultation.

James L. Tripcony Featured As One of the Top Attorneys in Arkansas in the March 2017 Issue of Arkansas Life

Mon, 06 Mar 2017 20:05:00 GMT

James L. Tripcony practices family law, including divorce, custody, surrogacy, adoption and power of attorney services and more. Tripcony says he understands that his clients are going through a very emotional time, but he works hard to help them meet their goals.

“When I first see many clients, they are devastated, lost and afraid,” he says. “It is very gratifying to see people whom you have met when their lives are at a critical — and often traumatic — turning point come to recognize, at the end of the process, that there actually is life after divorce and that, in many cases, life is free from the abuse or depressing factors under which they had been living for years.

One of his greatest accomplishments, Tripcony says, is appearing before the full Supreme Court of the United States, Chief Justice John Roberts presiding, to become licensed to argue cases before the court.

Tripcony lives in Hot Springs Village with his wife, Darleen. The couple have three children and four grandchildren. In his free time, Tripcony plays golf and takes care of two cats, Fuzzy and Zoeller. He has also been a season-ticket holder for the Little Rock Trojans for 39 consecutive years and even followed the team all the way to Denver last year to watch the Trojans beat Purdue.

For the full page article in PDF format, click here .

Assisted Reproductive Technology Law: We Made Frozen Embryos and Now We Want a Divorce, an Epic Custody Battle

Mon, 30 Jan 2017 21:11:00 GMT

With the advances in the field of Assisted Reproductive Technology, things have become interesting and opened up new questions for the Courts. Recently, in the State of Missouri, a man and a woman filed for divorce and they had an entirely new issue for the judge to decide — we have frozen embryos, and we don’t agree what to do with them; now you have to decide, Judge.

What does the Judge do? Are the embryos to be treated as children, although not yet born, or are they a property interest to be awarded to one party or another? If they are treated as children, then you have to decide what is in the best interest of the embryos and who should have custody of these as yet possibly unborn children. Could the issue become even more complicated if the embryo is only one party’s genetic material and not the other’s? What if neither parties genetic material was used to create the embryos?

If one person is awarded custody of the embryos and decides to proceed to have a baby against the wishes of the other donor, then what? That was the issue in the Missouri case , McQueen vs. Gadberry, Missouri Court of Appeals, ED103138, November 15, 2016 . In that case, the Wife claimed that she wanted the embryos because she wanted to become pregnant and have another child. The Husband did not want anymore children with his soon-to-be ex-wife. She certainly has a right to use those embryos to become pregnant — or does she? He doesn’t want to be a parent now, can he be forced to become a parent of another child with her now that they are divorcing?

In Court, the Wife relied on a Missouri statute that stated that an embryo is a person with protectable rights of life, health and well-being from the moment of conception onward, unless such protection is barred by the U.S. Constitution and decisional interpretation thereof. Were the Court to follow this statute, then the embryos would be considered children, and the court would have to decide who should have custody of those children.

The Husband argued that to award the embryos to his Wife, who intended to procreate against his wishes, would force him to procreate against his wishes in violation of his fundamental constitutional rights to privacy and equal protection under the 14th Amendment to the U.S. Constitution. He argued that the Court should find the embryos to be marital property, and award them to the parties jointly and order that no transfer, release or use of them could occur without the signed authorization of both parties.

The trial Court agreed with the Husband and entered a judgement in that case, finding the pre-embryos as it called them to be marital property of a special character, and awarded them jointly as the Husband had requested. The Court agreed with Husband that to force him to procreate against his wishes would violate his constitutional rights to privacy and equal protection under the 14th Amendment to the U.S. Constitution.

As infertility and the use of Assisted Reproductive Technology for infertile couples and for married Intended Parents unable to produce their own children increases with scientific advances and more knowledge about the availability of these options, could this happen to you? It is not uncommon for married couples to create a number of embryos when they are going through the process, in case they want to have additional children later, or in the case of an unsuccessful pregnancy, etc. Of course, couples don’t want to discuss the possibility of divorce when they are creating babies together. Why would that possibility even be on the horizon, right? Well, it happens. Surrogacy contracts cover this topic to protect surrogates; so, out of an abundance of caution, why not have that conversation while you still like one another, instead of when you are possibly not feeling so kind toward one another in the middle of a divorce?

In the Missouri case, there was testimony offered to show that the parties actually may have talked about this very topic, but there were credibility issues surrounding the testimony. It is best to deal with this either through a written agreement either with the Fertility clinic or maybe a post-nuptial agreement. If you don’t address this issue up front and have evidence of your agreement and you happen to find yourself in the middle of a divorce with frozen embryos, you never know what the Court will do.

Arkansas could rule the same way that the Missouri court did. Courts in a couple of other states already have done so. There are a couple of other States out there where this has now occurred as well. This is a link to a site, Divorce Source , that has compiled some other cases where this issue has arisen around the country and how courts ruled in those cases. http://www.divorcesource.com/research/dl/children/03mar54.shtml .

Another site for information on issues related to family formation and assisted reproduction technology listing recent cases related to this issue, as well as other hot issues regarding surrogacy and artificial reproduction technology is: http://www.aaarta.org/aaarta/home .

If you are considering embryo creation, please consider a consultation with a family law attorney knowledgeable about Assisted Reproductive Technology and Surrogacy .

A.I. is Here and It’s Legal: First Artificially Intelligent Attorney is Hired

Sun, 04 Sep 2016 22:59:00 GMT

IBM’s Ross, the world’s first artificially intelligent attorney, has been hired by Baker & Hostetler for its bankruptcy practice. The law firm announced they will be employing Ross to handle their bankruptcy practice, which currently consists of nearly 50 lawyers.

Built on IBM’s cognitive computer Watson, Ross was designed to be “the world’s first artificially intelligent attorney.” Beyond traditional computing, Ross can read and understand language, propose hypotheses when asked questions, research that can lead to responses with references and citations geared to back up its conclusions. Like the rest of us, Ross also learns from experience, gaining speed and knowledge from more interactions.

Better than Billing by the Hour

Just like you would with a colleague or co-worker, you ask your questions in plain English, and Ross then reads through the entire body of law and according to the website, “returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly.”

Ross minimizes processing time by narrowing down results from a thousand or more to only those that are most relevant to the case and presents the answers in a more casual and understandable tone and language. Ross can also keep you up to date with recent developments in the legal system, especially those that may affect your cases.

Enhancing Legal Services thrugh A.I.

Baker & Hostetler’s chief information officer Bob Craig explained the rationale behind their latest hire: “At BakerHostetler, we believe that emerging technologies like cognitive computing and other forms of machine learning can help enhance the services we deliver to our clients.”

Although Baker & Hostetler was the first to announce, according to CEO and co-founder Andrew Arruda, other firms have also signed licenses with Ross, and they will also be making announcements regarding their new hire.

With A.I. built on cognitive computing and the ability to reference and research through the entire body of bankruptcy law at computing speed, one can only imagine how this type of employee could start changing the legal industry.

References:
The American Lawyer

Artificially Intelligent Lawyer “Ross” Has Been Hired By Its First Official Law Firm

Do They Stay or Go? Custodial Agreements in Arkansas & Moving with Children

Thu, 25 Aug 2016 21:29:00 GMT

Something that parents who agree to their child living with their former spouses often don’t consider is what happens if and when the custodial parent decides – for whatever reason ¬ to relocate the child . . . sometimes to the next county . . . sometimes across the country . . . and sometimes to the other side of the world. This is where solid custodial agreements can come in very handy.

It used to be that if a parent with custody wanted to relocate a child, he or she had to prove that the move would be in the child’s best interest. No more. . . at least in many situations. Now, depending on how your divorce decree reads, it may be that if you want to keep your child from being relocated, it’s up to you, the visiting parent. In certain situations, you must prove that it would be best for the child to remain where he or she was when you lost and voluntarily agreed to give up custody.

The judge assumes – rightly or wrongly – that the parent who has custody will just naturally make the right decision for the child – even if that decision is to move the child far away from the other parent who has always had a close, loving relationship with the child.

On its face, this way of thinking can seem senseless to a parent who agreed to sacrifice custody of a child for all the right reasons. . . such as to keep the child from having to go through a bitter custody battle or to try to maintain a civil relationship with the other parent. For the child, such a relationship usually creates a healthy environment in which the child can grow up without the stresses of seeing the child’s two most important people attacking each other. After all, when a child thinks that a parent is “no good”, he thinks that he is “half no good.”

So what happens? We have a “friendly divorce”. No custody battle. A common agreement says that the parents will have “joint legal custody” with primary physical custody in parent number “1”, subject to reasonable privileges of visitation on the part of parent number “2”. Although this agreement may be clear to you and your ex, Arkansas courts can’t seem to figure it out. They think it is “ambiguous”. Things rock on for a few years. Parent number “2” faithfully and consistently fosters a nurturing relationship with the child. Parent number “1”, appreciating this, fosters this great relationship.

Suddenly, in walks “dream spouse”. “Dream spouse” is wealthy and oh¬so¬good-looking, owns a hugely successful business in another state. . . a 12-hour drive from where parent number “2” lives. Parent number “1” wants to move to dream spouse’s home. All of a sudden, we have conflict where none previously existed.
Where will the judge come down on this if a new agreement can’t be reached? This is a crucial decision that will affect both parents and any child of those parents. Will you, parent number “2” have to prove that keeping your child here is in the child’s best interest, or will your ex have to prove that relocating the child will be best for the child? While the question seems simple, how the judges look at it is complicated and can be very confusing.

Before you enter into ANY custody or visitation agreement, if the question concerns you at all, be sure to get counsel from an experienced family law attorney who is up to date on the law of this subject.

Tripcony, May & Associates provides divorce and family law services in the state of Arkansas. With two locations in central Arkansas, Little Rock and Hot Springs, we can provide the counsel and advice to help you navigate the various issues and assist you in your time of need.

I Now Pronounce You…DIVORCED: Consulting an Arkansas Divorce Attorney

Fri, 19 Aug 2016 17:23:00 GMT

No one goes into a marriage thinking that it will lead to the dreaded “D” word…divorce…but it happens and it happens more often than we would like. If you find yourself facing this situation, and are in central Arkansas or elsewhere in the state, the best advice I can give you is to talk to an Arkansas divorce attorney.

Why do I need an attorney you ask, why can’t I just get the forms at the office supply store and represent myself? Well…if you suddenly come down with cancer do you go to the pharmacy and pick up your own treatment, or do you call your best friend, who is an electrician, to come and fix your toilet…no…you go to the doctor, or call the plumber. Same can be said when it comes to divorce. You need a professional who is looking out for you and your best interest.

Divorce can be complicated, whether you think it will be a simple uncontested matter or if there are children and assets at issue. There are rules and timelines that must be followed, and your attorney will know what those are, whereas that form at the office supply store cannot give you that information. I can count on one hand the number of times that a divorce case that started out as an uncontested matter was truly uncontested.

There are a number of issues that come up in divorces that you may never think about…until it is too late. It is not just who gets custody of the kids and who is going to keep and pay for the house. There are issues surrounding financial accounts, retirement accounts, businesses, support, vehicles, and/or the children’s post-secondary education.

Maybe you have thought about all that and worked it out with your soon to be “ex”, but even if you think it will be uncontested you need a person on your side to help you navigate through the court system. Adding or including just one word in a paragraph could change the whole meaning and enforceability of your agreement. Your attorney can help you ensure that any settlement is fair, that you are not missing out on something that you are entitled to, and that the proper language is included in the final Decree so that the intent of the agreement can be executed.

So…if you find yourself having to face the dreaded “D” word, then give us a call and let us look out for you while you navigate the sometimes rough waters of the legal system.

Surrogacy in Arkansas

Thu, 23 Jun 2016 17:50:00 GMT

The laws in the State of Arkansas are very favorable for Surrogacy. Most people turn to surrogacy because of a medical or biological inability to have a child of their own. There are a number of steps to a surrogacy journey and a lot of things to consider. There are two kinds of surrogacy agreements, gestational and traditional. A gestational agreement is where a woman carries the embryo of the intended parent or parents and the embryo is not genetically linked to the carrier. A traditional agreement is where the carrier is donating her egg and carrying for the Intended Parent or Parents.

Financial Aspects

There is the financial aspect of surrogacy because it is not a cheap process. There are medical and insurance costs involved, reimbursements to the carrier, possibly agency costs, and there are legal costs. These costs vary from case to case depending on the clinic, the terms of the contract, the agency used, if any, and legal counsel used.

Choosing the Carrier

Another aspect of the journey is the carrier herself. Who do you choose and how do you choose a carrier? The easiest and quickest path to a carrier is generally through an agency. An agency will generally have a pool of carriers to pick from that have been thoroughly checked out. However, this is not always the most economical choice. You can also find a carrier through a reputable website. The problem with using a website is that the carrier has not gone through a background check generally. You can use a friend or a family member as a carrier. There are a number of options to consider. I always try to tell people whether they are using an agency or an individual that has been matched through our firm or privately, “don’t let your desire for a baby override your good sense.” This person will be carrying your baby around, so make sure you can trust them and make sure you can get along with them long term.

Contract Negotiations

After you have selected a carrier that you are comfortable with that has been cleared medically to proceed, the next step is contract negotiations. This is a critical stage of your journey. This sets the stage for the entire journey. This sets out every understanding and every agreement that the parties have for one another into a binding contract. This is essential to a surrogacy journey. You will want the carrier and her spouse if she has one to have legal representation in this negotiation.

Once everyone has come to terms on the contract and has signed the contract the lawyers will issue what is known as a letter of legal clearance to the clinic that is doing the embryo transfer in a gestational agreement or to the doctor’s office that is handling the artificial insemination if this is a traditional surrogacy agreement.

Hopefully, there is a successful pregnancy at this point. In Arkansas we can do pre or post birth orders to establish parentage. It is very typical to do them pre birth that way as soon as the baby or babies are born the surrogacy process can be finalized and the Intended Parents can be on their way home with their new bundle of joy.

This is a short summary on surrogacy here in Arkansas, my next article will deal with some of the do’s and don’ts in this area.

Considering Surrogacy in Arkansas?

If you are contemplating surrogacy in the State of Arkansas, please feel free to contact our office at (501) 296-9999 to schedule a free consultation with Heather May if you have any questions about surrogacy, or any other legal issue you may wish to discuss. We have years of experience in Arkansas surrogacy issues and can help you navigate the path.

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Get some peace of mind with Tripcony, May & Associates on your side. Little Rock divorce attorneys and expert in family law since 1980, we also have an office in Hot Springs. Whether providing legal services in Pulaski County or other parts of the state, our divorce and family law attorneys know Arkansas law and have the experience and knowledge to help you in your time of need.

“The Truth, the Whole Truth and Nothing but the Truth”

Fri, 10 Jun 2016 22:10:00 GMT

Almost everyone has heard the phrase “do you swear or affirm to tell the truth, the whole truth and nothing but the truth.” This oath, given in court, commits a witness to testifying truthfully and completely on the witness stand. The reason for the oath is simple; the judge needs to have the truth, the whole truth and nothing but the truth to render a fair, just, and legal decision. If you are a party to a case and will be testifying, you will take this oath and you must commit to telling the full and complete truth with no falsehood, however slight it may be, included in your testimony. The oath, made in open court, is vital; however, the beginning of your testimony shouldn’t be the first time you make the commitment to tell the truth, the whole truth and nothing but the truth. That time should be the first time you consult with an attorney.

An attorney providing a consult (in our case, a family law consultation) needs to know all the pertinent information. The worst mistake you can make is to not tell your attorney everything, including your own bad actions. The advice you receive, and which hopefully you will follow, will be based upon the information you’ve provided. An attorney wants all the information, the good and the bad , so that he or she gives the correct advice you need to make good decisions regarding your court case . While it is imperative that you tell your attorney everything, it can be difficult to tell “the truth, the whole truth and nothing but the truth” for a variety of reasons.

Most people don’t go to attorneys as a matter of routine but only when there’s a problem that needs to be fixed. In domestic cases (divorces, custody, guardianships, adoptions, visitation) your problems may include information of a very private and personal nature. Additionally, there may be things that you just don’t want to admit to because you may be embarrassed by your actions or afraid of the legal ramifications. Maybe you did things that you shouldn’t have done like: burned his clothes, threw away her family pictures, trashed his car, got a DUI or any number of things that may happen during the break up of a marriage. While you should never do those things, it’s extremely important for your attorney to be prepared and ready to address the matter in court. You and your attorney will be the only persons in the courtroom who are 100% focused on winning your case. Your attorney can’t help you if he or she doesn’t know all the facts of the case.

In addition to giving your attorney the information needed to fully represent you, your attorney may be able to ease your worries. Simply stated, it may be that what happened or what you did isn’t a “big deal” in the legal proceedings. Your attorney is the one who should have the experience and knowledge to advise you as to what will be important in the court room and how to present the information to the court. Give your attorney all the details- including those details that are “bad” for you along with those that are “good” for you. Your attorney may tell you that there is nothing to worry about or he or she may be able to give you advice to correct the situation.

Your initial consult is the first step to a successful case. Always tell your attorney the “truth, the whole truth and nothing but the truth.” You may not get the answer that you want, but you are more likely to receive the information you need to resolve your legal issues.

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Get some peace of mind with Tripcony, May & Associates on your side. Little Rock divorce attorneys and expert in family law since 1980, we also have an office in Hot Springs. Whether providing legal services in Pulaski County or other parts of the state, our divorce and family law attorneys know Arkansas law and have the experience and knowledge to help you in your time of need.

Give us a call at 501-296-9999 to schedule your family law consultation, and we will help you navigate the legal issues in your time of need.

Tripcony, May & Associates Sponsors Straw for Cold Paws

Thu, 14 Jan 2016 22:13:00 GMT

The employees of Tripcony, May & Associates will sponsor STRAW FOR COLD PAWS this Saturday, January 16 ^th at 1:00 pm, in the Kaufman Lumber parking lot at 5100 Asher Ave., handing out straw and coats to provide warmth for outside pets during the cold season. A huge thanks to Farmers Association and Hollywood Feed Store for their generosity!

EVENT: STRAW FOR COLD PAWS WHEN: Saturday, January 16 th at 1:00 pm WHERE: In the Kaufman Lumber parking lot at 5100 Asher Ave in Little Rock

State issues amended Arkansas birth certificate to same sex couple – first in the state

Wed, 16 Dec 2015 16:41:00 GMT

Civil and family laws and related matters have seen quite a bit of change this year. One very notable event was the recently amended birth certificates issued by the state to same sex couples. This outcome was generated out of a law suit brought about by three couples requesting amended birth certificates to include both of the same sex parents on the birth certificate.

Amended Arkansas Birth Certificate Issued

The Health Department issued all three amended birth certificates based on the ruling by the judge. But, the matter may not stop there. The judge also struck down a part of Arkansas’ birth certificate law, which according the plaintiff’s attorney says could clear the way for the issuing of future amended birth certificates. The matter is not officially resolved and implemented, currently.

A Health Department official says they will collect information from other couples seeking birth certificates but are awaiting guidance from the attorney general’s office.

Judd Deere, Communications Director for Attorney General Leslie Rutledge, released the following statement:

“Attorney General Rutledge has advised the Department of Health to follow Judge Fox’s order with regard to amending the birth certificates of the three minors in this case. However, to avoid confusion and uncertainty created by other parts of the order, the Attorney General will ask the Arkansas Supreme Court to stay the decision and will appeal.”

Update: The trial judge’s ruling in this case has been stayed, so it is not enforcable, yet.

For more on this story, click here and on the following link.
Arkansas issues amended birth certificate to same-sex couple
http://www.thv11.com/story/news/2015/12/01/arkansas-judge-strikes-part-of-birth-certificate-law/76635204/

Did You Know? Arkansas back child support can be taken from your state lottery winnings

Wed, 16 Dec 2015 16:04:00 GMT

Did you know? Arkansas back child support can be taken from your lottery winnings.

Arkansas Child Support Lessons Learned

A grandmother and grandson recently found out the hard way. The grandson, trying to be helpful to his grandmother, cashed in her winning $1,000 scratch-off lottery ticket. He signed his name to the ticket instead of hers to be able to claim the winnings. Unfortunately for the grandmother, Arkansas law say all child support owed will be paid out of lottery winnings before the money is paid to the claiming party. Even though it was grandma’s ticket, it had his name on it. He owed child support; so instead of receiving a check for a thousand dollars, she received a blank check.

Learn more about what amounts due can be withheld from lottery winnings, including state taxes. For more on this story, click on the following link.

NLR Grandmother Loses Scratch Off Winnings to Child Support

http://www.arkansasmatters.com/news/local-news/nlr-grandmother-loses-scratch-off-winnings-to-child-support

If you need help navigating the complex issues surrounding Arkansas custody support law, click here to contact Tripcony, May & Associates at call us at 501-296-9999.

Post nuptial Agreements Unveiled

Sat, 10 Oct 2015 02:16:00 GMT

A post nuptial agreement is a written contract executed after a couple gets married to settle the couple’s financial assets in the event of a separation, divorce, or death. Such a contract is a legal agreement between spouses and can include provisions regarding property, debt, jewelry, income, and spousal support.

Arkansas courts have specifically held that post nuptial agreements are valid and should be analyzed under standard contract principles. Stewart v. Combs, 368 Ark. 121 (2006).

So why should a married couple enter into a post nuptial agreement?

Such an agreement can bring peace of mind to a stay at home spouse that will be out of the workforce for several years. In the event of separation or divorce, a post nuptial agreement can set out terms of spousal support.

A post nuptial agreement is also a useful tool when one party has a sudden increase in finances, due to the inheritance of a family business, for example. Such an agreement can safeguard the other spouse’s financial position while also protecting the family business.

In the same respect, a spouse may want to protect his or her successful business. A divorce can potentially wreak havoc on a business and such an agreement can minimize that effect.

A post nuptial agreement could also be useful for persons in a second marriage. It could protect children from a previous marriage or elderly or disabled family members. Furthermore, in the event of the death of one spouse, a post nuptial agreement can help avoid the task of splitting the estate with adult children from a previous marriage or relationship, and allow the remaining spouse to move forward with his or her life.

Lastly, a post nuptial agreement can end arguments about the division of financial assets and bring a sense of financial security to the parties so that they may focus on the marriage itself. In fact, couples who disagree over money at least once per week are 30% more likely to get divorced than couples who do not disagree.

—Jennifer Carson

jcarson@tripconylawfirm.com

Child Custody: How Courts Decide

Thu, 09 Jul 2015 15:45:00 GMT

The main consideration in child custody cases is the best interest of the children; all other considerations are secondary. When one parent is awarded custody of a child, judges impose a greater duty on the other parent who tries to get custody changed. This is because judges want to promote stability and continuity in children’s lives. For this reason, someone wanting to change a custody order must first show that something important has changed such that the child’s best interest demands a change in the custody order. Then, if the judge believes that such an important change of circumstances has occurred, then the judge will determine whether it would be best for the child to change custody. What the Arkansas Court of Appeals considers “petty complaints” and “parental gamesmanship” may not, in and of themselves, be considered an important change of circumstances, especially if the children aren’t negatively affected. Even when a parent who has custody willfully violates court orders, judges won’t automatically change custody. Judges are to consider holding the violator in contempt of court before actually taking custody away from them.

Judges don’t like to hear fact situations that they have already decided, so, generally, they will restrict your evidence to facts occurring since the prior custody order. Sometimes, however, the judge isn’t aware of relevant circumstances at the time of the previous custody award; so a change of circumstances can also be found when the facts existed at the time of the previous custody order, but were unknown to the judge.

Finally, it is important to note that the important change of circumstances I refer to here refers to a negative change in the situation of the parent who has custody; it doesn’t refer to any improvement in the circumstances of the parent who lost custody.

If you have any questions about Child Custody, or any other family law question, please call us today at 501.296.9999

Transgender Suicide Hotline

Thu, 09 Jul 2015 13:16:00 GMT

The first transgender suicide hotline is now available. You can reach Trans Lifeline at 877-565-8860 .

Child Support – When Does It All End?

Mon, 29 Jun 2015 20:59:00 GMT

Unless the judge orders otherwise , child support for a child ends automatically when one of the following things happens:

The child turns 18 and is no longer attending high school;
Either (a) when the child graduates or (b) at the end of the school year after the child turns 19, whichever is earlier;
When the child dies;
When the child is emancipated by a judge;
When the child’s parents marry each other; or
When a court decree is filed granting an adoption of the child and terminates the parental rights of the person paying child support (but remember: past due child support that is still owed at the time of the adoption must still be paid)

No statute of limitations applies to efforts to collect past due child support if the person who owes child support leaves or remains outside Arkansas to avoid paying.

If you have more Child Support questions, please feel free to contact us at 501.296.9999

Child Support And Alimony

Mon, 29 Jun 2015 17:52:00 GMT

In a divorce, the judge must make an order concerning the care of any children. The judge can also order a parent to continue support payments for a person with a disability that affects that individuals ability to live independently from the custodial parent. In setting child Support, the judge must refer to the most recent version of the Supreme Courts family support chart, which you can find here , but the judge can award either more or less than the chart amount if the chart amount is thought to be unjust” or inappropriate. The chart is to be revised every four years to make sure the amounts on it are appropriate. A person paying child Support can be ordered to file a bond or give some other guarantee, such as life insurance.

The judge may, under some circumstances, award alimony to either spouse. If alimony is awarded, unless the judge orders otherwise, it will stop automatically when one of the following

The person receiving the alimony remarries;
A child is born, and because of that another person is ordered to pay child support to the person receiving alimony (you cant get both;
A child is born, and because of that, the person receiving the alimony must pay support to someone other than a descendant of the person paying the alimony;
The person receiving the alimony lives full time with another person in an intimate, cohabiting relationship;
Either the person receiving the alimony or the person paying the alimony dies; or . If the judge awarding alimony says it will stop for some reason in the future and that reason occurs

Either the person paying or receiving alimony may ask the judge to change the alimony order if something important changes, such as one spouses need for the alimony or the ability of the other spouse to pay. Alimony can be awarded under proper circumstances concerning rehabilitation to either spouse. When rehabilitative alimony is awarded, the person receiving it may be required to provide a rehabilitation plan for the judge to consider in determining whether the plan is feasible, how much should be received, and for how long.

The person paying the rehabilitative alimony may ask the judge to change or do away with the alimony award if the person receiving the alimony fails to meet the requirements of the rehabilitation plan.

If you have any questions about Child or Spousal Support, please feel free to contact me at 501.296.9999

LANDMARK SUPREME COURT MARRIAGE RULING

Fri, 26 Jun 2015 20:46:00 GMT

Today, June 26, 2015, the Supreme Court has made same sex marriage legal across the country, including Arkansas. As of today, gay and lesbian married couples have the same rights as other married couples. They may adopt, get divorced, make medical decisions for their spouses in certain circumstances, and a host of other rights previously reserved only for opposite sex marriages. If you would like to know how today’s ruling affects you, please give us a call at 501-296-9999 or use the form below to contact us.

Southern Baptist Preachers Won’t Marry Same Sex Couples

Fri, 19 Jun 2015 16:05:00 GMT

The Southern Baptist Convention’s annual meeting began with a statement that they will not adhere to any legal redefinition of marriage. That will leave gays and lesbians with options limited to marrying in other churches or chapels or in secular ceremonies such as by justices of the peace. Where one gets married, of course, has no effect on how a same sex spouse terminates his or her marriage. All divorces – even those dissolving what are known as covenant marriages– are governed by state laws which are constitutionally prohibited from treating those married in religious ceremonies differently from the way those married in secular ceremonies are treated. If you are one of the 500 or more same sex couples who were recently married and would like to know your rights, please call us at 501-296-9999 .

[INFO] Same Sex Stepparent Adoption in Arkansas

Thu, 11 Jun 2015 16:01:00 GMT

If you are in a same sex marriage, you are now entitled to petition as a stepparent to adopt the biological child of your spouse. Consent of the other biological parent is required in some situations; but it is not required in other situations. The state legislature has set out when this is required. Appeals courts have interpreted what the legislature is talking about. An experienced adoption attorney usually can tell you in a free consultation whether it will be required in your personal situation.

To schedule a free consultation, please contact me at 501-296-9999

Circuit Judge Rules in Same Sex Marriage Case

Wed, 10 Jun 2015 18:33:00 GMT

A Circuit Judge ruled yesterday that 500 same sex marriages prior to last stay are valid retroactively, allowing couples to file amended joint tax returns.

If you have questions about how this ruling affects you, please call me at 501-296-9999

Welcome to the new Tripcony, May and Associates Website

Wed, 03 Jun 2015 16:15:00 GMT

Welcome to the new Tripcony, May and Associates website. We are pleased to bring you this upgraded web tool to learn more about our firm, our attorneys and staff and the areas of the law in which we practice.

Our new site is 100% responsive, meaning it will work on all devices, regardless of size. It is also streamlined and condensed, so less clicking to find important information.

Can’t find something? Simply contact us and let us know.

We hope you enjoy our new site.

The staff of Tripcony, May and Assoc.