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divman46
Dec 21, 2008, 07:37 PM
I live in Arkansas and this is my situation. I have been married for 26 years, and my wife has been cheating on me several of those years. When I found out she was cheating, we had a 6 year old daughter. I love my daughter more than anything, and I would never have let someone else raise her. I stayed with my wife, so I could make sure my daughter was taken care of. My daughter is now 21 years old, and I want to file for a divorce. My wife left in 2002 and was gone for two years. She left me with the house payment, and offered no support for our daughter. I moved to start a new job, and I put the house up for sale. I paid the last 20 payments and the house eventually sold. When I moved, I opened up a new bank account in my name only. My wife got half of the proceeds from the sale of the original house, and she has spent it. I very stupidly let her move back home after two years, but she was barely ever there. We bought a new house in 2005, and I got the mortgage on my own. The mortgage is in my name only, and her name had to be on the title. After my wife came back home, I discovered that she had been living with another man, and she was still with him. This is why she was never home, she made up all kinds of excuses to be gone all the time. I knew where she was really at, so I drove to the man's house, and she was there. This was on 11/02/2007, and she never returned home. I want to file for a divorce now, and she wants half of everything that I have. This is why I have a problem with that:

1) I have supported our daughter for the last 6.5 years including her college tuition, car and everything else that she has needed. My wife has provided zero money for support. She worked full time, but she was spending her money on her boyfriend and his kids.

2) I have paid every cent of every house payment on the new house including taxes and insurance, and she says half of it is hers. She has paid zero, and I can prove that.

3) I started a new 401K fund, after I started my new job and she has contributed nothing to it. She says half of it is hers. She wasn't around at all for over 3 years and was barely around for the other 3 years.

4) I have bought and paid for everything that is in the new house, and she has contributed zero.

The bottom line is she has not been a housewife, wife or mom in any way. She abandoned her daughter when she was 14, and left me to take care of her. I have enjoyed every second of raising my daughter, and I would do it all again. Can she really abandon her child, and not support her, not pay any bills, house payment or anything else, and then demand half of everything? In Arkansas, will everything that she has done, and everything that I have paid and contributed be considered when our assets are divided?

cdad
Dec 21, 2008, 08:13 PM
From what Im seeing your state ( Arkansas isn't a 50 / 50 state when it comes to property division. Your really going to need a lawyer to get you through this.
Arkansas Property Division Laws (http://www.helpyourselfdivorce.com/arkansas-property-division.html)

Another thing is that if it were 50/50 then you would be entitled to the money she had made for all the years she went missing up to date. Im sure 50% or that amount alone would be a wake up call.

Check the reference and then talk to a lawyer ( if you don't have one call your local Bar Assc )