Few AR divorce Questions

[sheldon64]

If you have any information I would greatly appreciate it.

 

I live in Arkansas and I am going to divorce my wife. We rent a house, her car is paid off, my car payments are low, no kids, I have a cheap motorcycle, she makes maybe $6k less than me annually and my name is on everything. Preferably we'll do uncontested and hire a mediator but worst case I want to be prepared. We don't meet a fault divorce so I would have to wait the 18 months.

 

I am moving out of the house, can I stop paying rent? Either forcing her to move our or take over payments?

 

Being separated for 18 months doesn't mean we have initiated the divorce correct?

 

How is the 18 months separation provable?

 

What happens after the 18 months? Just like a fault divorce?

 

Any consideration on moving to another state for faster wait times?

 

Can a court order me to pay her bills since I always have if we haven't initiated a divorce?

 

What is considered marital funds? The only thing we share is a savings account with $100, everything else is purchased with money I make.

 

That's all I have, I would really appreciate any help. I have done some research but not found answers. Thank you.

[CautiouslyOptimistic]

If you have any information I would greatly appreciate it.

 

I live in Arkansas and I am going to divorce my wife. We rent a house, her car is paid off, my car payments are low, no kids, I have a cheap motorcycle, she makes maybe $6k less than me annually and my name is on everything. Preferably we'll do uncontested and hire a mediator but worst case I want to be prepared. We don't meet a fault divorce so I would have to wait the 18 months.

 

I am moving out of the house, can I stop paying rent? Either forcing her to move our or take over payments?

 

Being separated for 18 months doesn't mean we have initiated the divorce correct?

 

How is the 18 months separation provable?

 

What happens after the 18 months? Just like a fault divorce?

 

Any consideration on moving to another state for faster wait times?

 

Can a court order me to pay her bills since I always have if we haven't initiated a divorce?

 

What is considered marital funds? The only thing we share is a savings account with $100, everything else is purchased with money I make.

 

That's all I have, I would really appreciate any help. I have done some research but not found answers. Thank you.

 

See an attorney. Many offer a free consultation where these questions could all be answered. You don't have to hire him/her.....this will not be a complicated divorce. You two can do it on your own, in my opinion.

 

The only question I feel like I could answer is about your apartment. If you're both on the lease, you definitely both have to pay.

[PegNosePete]

As the previous poster says you should see at attorney for a free initial consultation where you can get a lot of advice on how it specifically works in your jurisdiction. I can answer a few of your questions in generic terms.

 

How is the 18 months separation provable?

By keeping records. If you move out then that's usually considered the start of separation.

 

In some jurisdictions it's possible to be "separated while living together" but there's some very strict rules to follow for example not sharing cooking, shopping, laundry. If you'd like to try "separated while living together" then you should certainly ask an attorney if it's possible and what rules you should follow, and in this circumstance it's probably best to have an attorney file the papers rather than attempt DIY.

 

Can a court order me to pay her bills since I always have if we haven't initiated a divorce?

If you haven't initiated a divorce then a court can't do anything.

 

If you have then she could apply for interim support; whether she'd get it or not would depend very much on the figures involved so that's one for your lawyer.

 

What is considered marital funds? The only thing we share is a savings account with $100, everything else is purchased with money I make.

Certainly everything accrued during the marriage is considered marital funds. That doesn't mean it will be split 50/50, however, it just means it's in the pot. It may be that because you bought it with your money, you get to keep it. Or it may be that because you're keeping that, she gets to keep something else. If you're doing the financial split out of court then it's a negotiation rather than a set of rules, although the guiding factor for both sides would always be "would I get a better deal through court?"

 

In some jurisdictions assets owned prior to marriage are also considered marital property, especially in a long marriage.